It further observed that it is well settled that ordinarily, arrest is part of the investigation process intended to secure several purposes and therefore, the nature and seriousness of the offence has to be taken into account before granting anticipatory bail.
“There may be circumstances in which the accused may provide information leading to discovery of material facts. It may be necessary to curtail his freedom in order to enable the investigation to proceed without hindrance and to protect witnesses and persons connected with the victim of the crime, to prevent his disappearance, to maintain law and order in the locality. For these or other reasons, arrest may become an inevitable part of the process of investigation. Therefore, factors such as nature and seriousness of the proposed charges, context of the events leading to the said charges, reasonable apprehension of tampering with evidence or threatening witnesses, likelihood of presence being secured during trial, etc. must be taken into account while deciding an application for anticipatory bail,” the Court said.
Source: Barandbench
