2020[7]APHC [1] – Anticipatory bail – what should be considered at the time of hearing of bail petition -The Hon’ble Apex Court in catena of cases observed that while granting bail the Court has to keep in mind the nature of accusation, 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 accused at the trial, reasonable apprehension of the witness being tampered with and the larger interest of the Public/State.

2020[7]APHC [1] – Anticipatory bail – what should be considered at the time of hearing of bail petition -The Hon’ble Apex Court in catena of cases observed that while granting bail the Court has to keep in mind the nature of accusation, 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 accused at the trial, reasonable apprehension of the witness being tampered with and the larger interest of the Public/State. 15. In the case on hand, the petitioners who are the suppliers gave statements during the course of investigation before the authorities stating that they have given money to the Directors and staff of DIMS and apparently there is huge misappropriation of money involved in this case. Admittedly both the petitioners are related to the Pharmacist who is also an accused and on whom serious allegations are raised. The investigation as per the instructions of the learned Public Prosecutor is at the threshold and several witnesses have to be examined. The apprehension of the respondent that the petitioners may influence the witnesses and interdict with investigation process cannot be completely ruled out. Taking into consideration the magnitude of the offence, specific overt acts made against the petitioners and investigation being at the threshold, this Court is of the opinion that this is not a fit case for granting anticipatory bail to the petitioners. 16. In the result, the criminal petition is dismissed.