Sunday, 29 July 2018

Whether factors are to be taken in consideration while deciding bail application?

 It is well settled that the matters to be considered in an application for bail are (i) whether there is any prima facie or reasonable ground to believe that the Accused had committed the offence; (ii) nature and gravity of the charge; (iii) severity of the punishment in the event of conviction; (iv) danger of the Accused absconding or fleeing, if released on bail; (v) character, behaviour, means, position and standing of the Accused; (vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being tampered with; and (viii) danger, of course, of justice being thwarted by grant of bail [see Prahlad Singh Bhati v. NCT, Delhi MANU/SC/0193/2001 : (2001) 4 SCC 280 and Gurcharan Singh v. State (Delhi Admn.) MANU/SC/0420/1978 : (1978) 1 SCC 118]. While a vague allegation that the Accused may tamper with the evidence or witnesses may not be a ground to refuse bail, if the Accused is of such character that his mere presence at large would intimidate the witnesses or if there is material to show that he will use his liberty to subvert justice or tamper with the evidence, then bail will be refused. We may also refer to the following principles relating to grant or refusal of bail stated in Kalyan Chandra Sarkar v. Rajesh Ranjan MANU/SC/0214/2004 : (2004) 7 SCC 528: (SCC pp. 535-36, para 11)

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1938 of 2017.

Decided On: 14.11.2017

 Anil Kumar Yadav and Ors. Vs. State (NCT) of Delhi and Ors.

Hon'ble Judges/Coram:
Kurian Joseph and R. Banumathi, JJ.

Citation: (2018) 12 SCC129.
Read full judgment here: click here
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