Bail- Broad Parameters

Parameters to be considered at the time hearing Bail Applications

At the time of considering a bail application, the court is not expected to meticulously examine the evidence or undertake an elaborate scrutiny of the documents as that may prejudice the case of either side. However, a prima facie view with regard to commission of offence by the accused can be taken. In the light of the directions passed by the Apex Court from time to time, following parameters/ factors are to be considered by the Courts for grant of anticipatory bail:

Whether there is any prima facie or reasonable ground to believe that the accused had committed the offence;
Nature of allegations- Severity/gravity/enormity of the allegations.
Severity of the punishment in the event of conviction;
Chances of the accused absconding/ fleeing from the processes of law, or danger of justice being thwarted, if he is extended the benefit of bail.
Whether the accused has roots in the society.
Chances of the petitioner creating hurdles in the fair investigation or the trial,
Reasonable apprehension of the witnesses being influenced and/ or tampered with by the accused;
Whether the petitioner has joined the investigation or is prepared to join the same or whether this is a fit case for custodial interrogation.
The previous antecedents of the accused person- his Character, behavior, means, position and standing;
Likelihood of the offence being repeated;
Likelihood of delay in conclusion of trial.
The nature of evidence, which has been gathered by the investigating agency and if the offence is proved the maximum sentence, which it may entail.
The principle of parity.

The captioned subject is complex by its very nature. We, therefore, always encourage our visitors & Clients to seek an independent legal advice by our empanelled lawyers. In such Cases, our lawyers devise most appropriate legal recourse for our Clients after examining the related provisions of law, i.e. of The Code of Criminal Procedure, The Indian Penal Code, 1860, Other relevant Acts, Judgments and Citations of the Hon’ble Supreme Court Of India and the High Courts. Even otherwise, the question as to how to apply the laws, judgments and citations is rather more complex, as it involves a thorough examination of substantial laws, procedural laws and Court precedents in a given set of facts and circumstances.

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