Code of Criminal Procedure, 1973–Sec. 439–Scope–While considering a bail plea u/s. 439 of Cr.P.C. which relates to a bail pending trial, there is always a presumption of innocence in favour of the accused–While taking into account consideration of presumption of innocence, Court cannot lose sight of the other parameters that are to be considered while entertaining a bail plea which have been laid down and reiterated innumerable times by Hon’ble Supreme Court in plethora of cases like nature and gravity of offences and availability of material in support thereof, whether there are prima facie or reasonable grounds to believe that the accused has committed the offence, severity of punishment in case of finding of guilt of the accused, possibility of abscondance of accused if released in bail, possibility of hampering of or tempering with the evidence if released on bail, character, conduct and social status of accused, antecedents of the accused, if the accused is influential person who may be able to impact the smooth process of trial if released on bail, possibility of prosecution witnesses being influenced, likelihood of repetition of offence or peril of infraction of justice, if bail is granted.
