A Court while considering an application for anticipatory bail usually weighs the following factors:-
- the nature and gravity or seriousness of the accusation as apprehended by the applicant
- the antecedents of the applicant including the fact as to whether he has, on conviction by a Court, previously undergone imprisonment for a term in respect of any cognizable offence
- whether motive behind the accusation is to humiliate or malign the reputation of the applicant by having him arrested
Yesterday the Hon'ble Apex Court has settled a long debated issue as to whether anticipatory bail should or should not be granted to absconders and persons who flee beyond the reach of the investigative agency even before their arrest. The Hon'ble Court held that no court should grant anticipatory bail to a person who had been declared an absconder either during the investigation or during the trial.
*Information Courtesy - The Times Of India