Factors to be considered while Granting Bail

The Supreme Court in Teesta Atul Setalvad v State of Gujarat states that the factors, which are essentially considered at the stage of granting of bail under Sections 437 and 439 of the Code of Criminal Procedure, 1973, are:

1. Whether the prima facia case is established
2. The possibility of the accused tampering with the evidence or influencing the witness
3. The possibility of the accused fleeing away from the hands of justice, and
4. The gravity and the seriousness of the offence

A detailed elaboration of evidence at the stage of bail has to be avoided as held in a catena of cases such as Niranjan Singh and Another v Prabhakar Rajaram Kharote & Others, the SC added.

References

1. Teesta Atul Setalvad v State of Gujarat [ 2023 (5) KHC SN4(Page No 19) (SC)]
2. Niranjan Singh and Another v Prabhakar Rajaram Kharote & Others