Bail in serious offences requires prima facie justification, fresh grounds after earlier refusals, and full consideration of witness intimidation.

In serious offences, bail must rest on sound judicial reasons showing prima facie justification, and the court must weigh the nature of the accusation, severity of punishment, support for the charge, and the risk of witness tampering. A later bail request after earlier refusals must disclose fresh circumstances, especially where cancellation orders already exist. Here, the court found that reliance on custody duration and trial delay was insufficient because allegations of witness intimidation and hostile witnesses were not properly considered, and no fresh ground justified departure from the earlier rejections. The bail order was therefore set aside and custody directed to be taken forthwith.

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Issues: Whether bail could be granted in a serious murder conspiracy case on the grounds of long incarceration and delay in trial without considering allegations of witness intimidation, and whether a subsequent bail application required fresh grounds after earlier refusals and cancellation of bail.

Analysis: Grant of bail is a matter of judicial discretion to be exercised on sound principles, and in serious offences the order must disclose prima facie reasons showing why bail is justified. Factors such as the nature of the accusation, severity of punishment, prima facie support for the charge, and the likelihood of tampering with witnesses are material. Where earlier bail applications have been rejected, a later application must be tested against the earlier refusals and must disclose fresh circumstances justifying a different result. In the present case, the High Court relied mainly on the period of custody and expected delay in conclusion of trial, but did not adequately consider the allegations that the accused had threatened witnesses and that several witnesses had turned hostile after his release. No fresh ground was recorded to depart from earlier rejections, and the prior binding orders cancelling bail were not properly taken into account.

Conclusion: Bail could not be sustained on the grounds recorded by the High Court, and the grant of bail was unjustified.

Final Conclusion: The order enlarging the accused on bail was set aside, the bail bonds were cancelled, and custody was directed to be taken forthwith.

Ratio Decidendi: In serious offences, bail cannot be granted merely on the basis of custody period or delay in trial; the court must consider prima facie reasons, the effect of earlier refusals, and the risk of witness intimidation, and a subsequent bail application must rest on fresh grounds.

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