Supreme Court reiterates principles governing grant of bail

Sudha Singh vs. The State of Uttar Pradesh & Anr. [Criminal Appeal No. 448 of 2021]

Brief: In this appeal the Supreme Court set aside order of the Allahabad High Court granting bail to an accused arrested for offences punishable under Section 3 (1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986. In its discussion, the Court reiterated the principles governing grant of bail.

RELEVANT PARAGRAPH

11. ……….

i. Whether there was a prima facie or reasonable ground to believe that the accused had committed the offence;

ii. nature and gravity of accusations;

iii. severity of the punishment in the event of a conviction;

iv. danger of the accused absconding or fleeing, if granted bail;

v. character, behaviour, means, position and standing of the accused;

vi. likelihood of repetition of the offence;

vii. reasonable apprehension of the witnesses being influenced; and

viii. danger of justice being thwarted by grant of bail.