BAIL LAWYER IN DELHI

WHAT FACTORS SHOULD BE CONSIDERED WHILE GRANTING ANTICIPATORY BAIL?

• The nature and gravity of accusation.
• The antecedents of the accused person (which means previous background).
• The chances of accused of fleeing away from the hands of justice,
• The availability of accused for facing the trial or of joining investigation.

That the Hon’ble Supreme Court has laid down following factors and parameters which should be taken into consideration while dealing with the application of anticipatory bail:

1. The nature and gravity of the accusation and exact role of the accused must be properly comprehended before the arrest.
2. The antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a court in respect of a cognizable offence.
3. The possibility of the accused to flee from justice.
4. The possibility of the accused’s likelihood to repeat similar or other offences.
5. Where the accusations have been made only with the object of injuring or humiliating the applicant by arresting him or her.
6. Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people.
7. Very careful evaluation of the entire available material against the accused.
8. Clear comprehension of the exact role of the accused in the case.
9. Consideration with greater care and caution of the material when the accused are implicated with others in the case based on common intention and common object under the Indian Penal Code 1860 s. 34 and s 149 respectively (because over-implication in the cases is a matter of common knowledge and concern
10. While considering the prayer of anticipatory bail a balance has to be struck between two factors namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused.
11. Reasonable apprehension of tampering of the witness or apprehension of threat to the complainant.
12. Frivolity and genuineness of the prosecution should always be considered.

These are some factors which should be taken into consideration while deciding the application for anticipatory bail. These factors are not exhaustive but they are only illustrative in nature because it is difficult to clearly visualize all situation and circumstances in which a person may pray for anticipatory bail.

HOW ARTICLE 21 OF CONSTITUTION APPLIES TO BAIL MATTERS?

So the law is very settled on bail matters as the Supreme Court has laid down the basic fundamental principle that is “bail rather than jail” or “bail is a rule jail is an exception” because refuse to give Bail is against the Fundamental right. The Article 21 the Constitution provides us the right to life and liberty. Such right guarantees everyone who is in the territory of India, life with all the freedom to enjoy one's life and liberty.