Criminal appeal was filed against the order of Allahabad High Court for granting bail to the accused who was arrested with respect to the offence punishable under Section 3 (1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986.
The accused was booked under Sections 120-B and 302 of the Indian Penal Code, 1860 and Sections 3 and 25 of the Arms Act 1959.
After hearing the matter Allahabad High court granted bail to the accused on very liberal terms, such as the execution of a personal bond to the satisfaction of the jail Authorities & the furnishing of sureties within a month of his release. The High court has simply ignored the antecedents of the accused & the potential to repeat his acts by organising his criminal
Supreme Court stated that There is no doubt that liberty is important, even that of a person charged with crime but it is important for the courts to recognise the potential threat to the life and liberty of victims/witnesses, if such accused is released on bail.
Factors laid down by the court are:
1. Whether there was a prima facie or reasonable ground to believe that the accused had committed the offence;
2. Nature and gravity of accusations;
3. Severity of punishment in event of a conviction;
4. Danger of the accused absconding or fleeing, if granted bail;
5. Character, behaviour, means, position & standing of the accused;
6. Likelihood of repetition of the offence;
7. Reasonable apprehension of witnesses being influenced; &
8. Danger of justice being thwarted by grant of bail.
Appeal was allowed and Allahabad High Court order was set aside.
Sudha Singh vs State of Uttar Pradesh and Others.