જામીન નક્કી કરતી વખતે ધ્યાને રાખવાના પોઇન્ટ

7. A foray, albeit brief, into relevant precedents is warranted. This Court considered the factors to guide grant of bail in Ram Govind Upadhyay v Sudarshan Singh, (2002) 3 SCC 598 and Kalyan Chandra Sarkar v Rajesh Ranjan, (2004) 7 SCC 528. In Prasanta Kumar Sarkar v Ashis Chatterjee, (2010) 14 SCC 496, the relevant principles were restated thus: 

‘9. … It is trite that this Court does not, normally, interfere with an order passed by the High Court granting or rejecting bail to the accused. However, it is equally incumbent upon the High Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in a plethora of decisions of this Court on the point. It is well settled that, among other circumstances, the factors to be borne in mind while considering 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 accusation; 

(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 influenced; and 

(viii) danger, of course, of justice being thwarted by grant of bail.’

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