The High Court has not assigned reasons for the grant of bail to the respondents accused and has granted bail by a cryptic order de hors any reasoning. However, the Court deciding a bail application cannot completely divorce its decision from material aspects of the case such as the allegations made against the accused; severity of the punishment if the allegations are proved beyond reasonable doubt which would result in a conviction; reasonable apprehension of the witnesses being influenced by the accused; tampering of the evidence; the frivolity in the case of the prosecution; criminal antecedents of the accused; and a prima facie satisfaction of the Court in support of the charge against the accused. Law summarised regarding factors to be considered and necessity of recording essential reasons for grant of bail; grounds on which challenge to bail order, or application for cancellation of bail is permissible.
[Kamla Devi v. State of Rajasthan, (2022) 6 SCC 725]