Siddharam Satlingappa Mhetre v. State of Maharashtra [(2011) 1 SCC 694
Factors to be considered while dealing with anticipatory bail
112. The following factors and parameters
can be taken into consideration while dealing with the anticipatory bail:
(i) The nature and gravity of the
accusation and the exact role of the accused must be properly comprehended
before arrest is made;
(ii) 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 any cognizable offence;
(iii) The possibility of the applicant to
flee from justice;
(iv) The
possibility of the accused’s likelihood to repeat similar or other offences;
(v) Where
the accusations have been made only with the object of injuring or humiliating
the applicant by arresting him or her;
(vi) Impact
of grant of anticipatory bail particularly in cases of large magnitude
affecting a very large number of people;
(vii) The courts must evaluate the entire
available material against the accused very carefully. The court must also
clearly comprehend the exact role of the accused in the case. The cases in
which the accused is implicated with the help of Sections 34 and 149 of the
Penal Code, 1860 the court should consider with even greater care and caution
because over-implication in the cases is a matter of common knowledge and concern;
(viii) While considering the prayer for
grant 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;
(ix) The court to consider reasonable
apprehension of tampering of the witness or apprehension of threat to the
complainant;
(x) Frivolity in prosecution should
always be considered and it is only the element of genuineness that shall have
to be considered in the matter of grant of bail and in the event of there being
some doubt as to the genuineness of the prosecution, in the normal course of
events, the accused is entitled to an order of bail.