Nimmagadda Prasad vs. Central Bureau of Investigation, Criminal Appeal No. 728 of 2013
(Arising out of S.L.P. (Crl.) No. 9706 of 2012), Decided on May 9, 2013
The
Court observed:
“While granting bail,
the court has to keep in mind the nature of accusations, the nature of evidence
in support thereof, the severity of the punishment which conviction will
entail, the character of the accused, circumstances which are peculiar to the
accused, reasonable possibility of securing the presence of the accused at the
trial, reasonable apprehension of the witnesses being tampered with, the larger
interests of the public/State and other similar considerations. It has also to
be kept in mind that for the purpose of granting bail, the Legislature has used
the words "reasonable grounds for believing" instead of "the
evidence" which means the Court dealing with the grant of bail can only
satisfy it as to whether there is a genuine case against the accused and that
the prosecution will be able to produce prima facie evidence in support of the
charge. It is not expected, at this stage, to have the evidence establishing
the guilt of the accused beyond reasonable doubt.” [Para 27]
To see full text please follow link: