WHAT ARE PRECONDITIONS TO GRANT BAIL?

WHAT ARE THE PRE-CONDITIONS TO GRANT BAIL?

The Hon'ble Apex Court in Prasanta Kumar Sarkar v. Ashis Chatterjee and Another (2010) 14 SCC 496, has laid down the following principles to be kept in mind, while deciding petition for bail: 

(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.