Mon. Nov 25th, 2024

(a) Whether there is any prima facie or reasonable ground to believe that the accused had committed the offence;

(b) Nature and gravity of the allegation;

(c) Severity of the punishment in the event of conviction;

(d) Danger of the accused absconding or fleeing, if released on bail;

(e) Character, behavior, means, position and standing of the accused;

(f) Likelihood of the offence being repeated;

(g) Reasonable apprehension of the witnesses being influenced; and

(h) Danger, of course, of justice being thwarted by grant of bail.

Liberty of a person is sacrosanct. The provision for an accused to be released on bail touches upon the liberty of an individual. Article 21 of the Constitution of India mandates that no person shall be deprived of his life or personal liberty except according to the procedure established by law. The provision for being released on bail draws an appropriate balance between public interest in the administration of justice and the protection of individual liberty. The conditions to be imposed while granting bail need to be reasonable.  However, the grant of bail is to be secured within the bounds of the law and in compliance with the conditions laid down by the Honorable Supreme Court in various cases.

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