The considerations that weigh with the appellate court for setting aside the bail order on an application being moved by the aggrieved party include :
(i) any supervening circumstances that may have occurred after granting relief to the accused,
(ii) the conduct of the accused while on bail, any attempt on the part of the accused to procrastinate, resulting in delaying the trial,
(iii) any instance of threats being extended to the witnesses while on bail,
(iv) any attempt on the part of the accused to tamper with the evidence in any manner.
This list is not exhaustive. However, the court must be cautious that at the stage of granting bail, only a prima facie case needs to be examined and detailed reasons relating to the merits of the case that may cause prejudice to the accused, ought to be avoided. Suffice it is to state that the bail order should reveal the factors that have been considered by the Court for granting relief to the accused.
However, an unreasoned or perverse order of bail is always open to interference by the superior court. If there are serious allegations against the accused, even if he has not misused the bail granted to him, such an order can be cancelled by the same Court that has granted the bail. Bail can also be revoked by a superior court if it transpires that the courts below have ignored the relevant material available on record or not looked into the gravity of the offence or the impact on the society resulting in such an order.
The order granting bail must reflect proper application of mind to the facts of the case and justifiable reasons have to be recorded before bail is granted to such an accused.
There is a need to indicate in such orders reasons for prima facie concluding why bail is being granted particularly where the accused is charged of having committed a serious offence. Any order devoid of such reasons would suffer from non application of mind.
While considering as to whether bail ought to be granted in a matter involving a serious criminal offence, the Court must consider relevant factors like
(i) the nature of the accusations made against the accused, the manner in which the crime is alleged to have been committed,
(ii) the gravity of the offence,
(iii) the role attributed to the accused,
(iv) the criminal antecedents of the accused,
(v) the probability of tampering of the witnesses and repeating the offence,
(vi) if the accused are released on bail, the likelihood of the accused being unavailable in the event bail is granted,
(vii) the possibility of obstructing the proceedings and evading the courts of justice.
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