perceived apprehension by the Court that the accused, if restored to liberty, will tamper with the evidence

  Section 439 CRPC  Bail Grant of bail ought not to be denied only on the perceived apprehension by the Court that the accused, if restored to liberty, will tamper with the evidence - There must be some prima facie evidence on record or reasonable and justifiable grounds to believe that in case the benefit of bail is extended to an accused, he is going to misuse his liberty or he would create conditions which are not conducive to hold a fair trial - Object of bail is neither punitive nor preventive but is meant to secure presence of the accused during the trial - When the under-trial prisoners are detained in jail custody to an indefinite period, Article 21 of the Constitution of India is violated - Every person, detained or arrested, is entitled to speedy investigation and trial - Merely the fact that serious allegations are levelled against the petitioner, the petitioner cannot be denied bail. [ Paras 20 and 21]

REKIBUDDIN vs STATE OF MANIPUR BA 6/22 18/05/22 [ Muralidaran JJ ]

[ MANIPUR HIGH COURT ]