• Section 439 CRPC Grant of bail Gravity of offence Held, that provisions of bail are neither punitive nor preventive in nature Graver the offence is alleged greater the standard of proof is required The gravity of the offence or the severity of punishment alone is not a factor to be considered while adjudicating the bail plea There are several other aspects which are required to be considered simultaneously with the gravity of nature ie. if there is any apprehension that if the accused will be released on bail, he would hamper the prosecution evidence or would flee from justice or would not be readily available for the trial or otherwise hamper the course of smooth trial. [Para 26]
RAHUL vs STATE OF RAJASTHAN CMBA 20783/21 16/03/22 [ ALI JJ ]
[ RAJASTHAN HIGH COURT ]