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Apex Court: The Courts also should consider the Potential Threat to Witness, Victim while granting the Bail.
The Apex Court said that it is necessary for courts to consider the impact of witnesses or victims in a criminal case while granting bail to the accused. The Bench was comprising of Justice AS Bopanna V Ramasubramanian.
Respectively, the Apex Court has aside an order of the Allahabad High Court which granted bail to the accused who were arrested under the Uttar Pradesh Gangster and Anti-Social Act (Prevention) Act,1986.
The accused who were detained on bail are the contract killer and the namely gangster of Uttar Pradesh. The widow of the deceased person petitioned before the Apex Court, challenging the bail granted by the Uttar Pradesh Allahabad High Court.
The Bench also observed; There is no doubt that liberty is important, even that of a person charged with a crime but it is important for the courts to recognize the potential threat to the life and liberty of victims/witnesses if such accused is released on bail.”
The Apex Court also observed that the High Court has ignored the enormous factor before giving the interim or parole bail to the accused, and the supreme court also observed that there was a possible danger to the witnesses of the case also which forced the trial court to offer protection. The last order signed by the Chief Justice of India, SA Bobde as the judge of the Apex Court.
The Supreme Court also stated the consideration regarding grant of bail as mentioned below:
- That there should be a Prima Facia to believe that the accused has committed the offence.
- Nature and Solemnity of accusation.
- The solemnity of the penalty if convicted.
- The danger of absconding of accused if the bail was given.
- Likelihood of repeating the offence.
- The reference of accused character i.e., Conduct, Means, Status, Position, and Behaviour.
- The likelihood of obstructing justice before granting the Bail.
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