Judgment (Cav)

Kalyan Rai Surana, J.—The Court is conscious of the observations made by the Supreme Court of India in the case of State of Rajasthan Vs. Balchand, AIR 1977 SC 2447: (1977) 4 SCC 308, which is quoted below:-

“2. The basic rule may perhaps be tersely put as bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like, by the petitioner who seeks enlargement on bail from the court. We do not intend to be exhaustive but only illustrative.

3. It is true that the gravity of the offence involved is likely to induce the petitioner to avoid the course of justice and must weigh with us when considering the question of jail. So also the heinousness of the crime. …”

Similarly, the Court is also conscious of the observations made by the Supreme Court of India in the case of Sanjay Chandra Vs. C.B.I., (2012) 1 SCC 40, which is quoted below:-

“21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial b