The Supreme Court has cautioned in the case of Pokar Ram v. State of Rajasthan that since anticipatory bail intrudes the sphere of investigation of crime some very compelling circumstances have to be made out for granting anticipatory bail in serious offences.
The Supreme Court has recommended the following factors and parameters to be considered while dealing with the anticipatory bail:
i. The nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made;
ii. The antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence;
iii. The possibility of the applicant to flee from justice;
iv. The possibility of the accused’s likelihood to repeat similar or other offences.
v. Where the accusations have been made only with the object of injuring or humiliating the applicant by arrest.
vi. Impact of grant of anticipatory bail particularly in cases of large magnitude affecting large number of people.
vii. The courts must evaluate the entire available material against the accused very carefully. The court must also clearly comprehend the exact role of the accused in the case. The cases in which accused is implicated with the help of Sections 34 and 149 of the Indian Penal Code, the court should consider with even greater care and caution because over implication in the cases is a matter of common knowledge and concern;
viii. While considering the prayer for grant of anticipatory bail, a balance has to be struck between two factors namely, no prejudice should be caused to the free, fair and full investigation and on the other hand harassment, humiliation and unjustified detention of the accused be voided;
ix. The court to consider apprehension of tampering of the witness or apprehension of threat to the complainant and;
x. Frivolity in prosecution should always be considered vis-àvis the element of genuineness in the matter. In the event of there being some doubt as to the genuineness of the prosecution, the accused should be considered entitled to an order of bail.
