Bail set aside for ignoring prima facie material, gravity of offence, absconding risk, witness intimidation and criminal antecedents.

Bail may be refused or set aside where the court overlooks prima facie involvement, the gravity of the alleged offence, the risk of absconding, witness intimidation, or serious criminal antecedents, or when it undertakes an impermissibly deep merits review at the bail stage. The Court found that the surrounding material, including alleged hostility between the parties, threats, recovery of weapons, an attempt to evade arrest by going abroad, and the accused's antecedents, had not been properly weighed. The High Court's bail order was therefore unsustainable and was set aside, with directions to take the accused into custody forthwith.

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Issues: Whether the order granting bail to the accused was liable to be set aside on account of the prima facie material, the gravity of the alleged conspiracy and murder, the accused's prior attempt to evade arrest, the likelihood of tampering with witnesses or influencing the investigation, and his criminal antecedents.

Analysis: At the stage of bail, the Court must assess the existence of a prima facie case, the seriousness of the allegations, the possibility of the accused fleeing from justice, and the risk of tampering with evidence or intimidating witnesses, without embarking upon a detailed evaluation of the merits or probable conviction. The material indicated deep hostility between the parties, alleged death threats, a letter expressing apprehension of being killed, recovery of weapons, the accused's attempt to avoid arrest by going abroad, and serious criminal antecedents. The High Court had gone too deeply into the evidence and had not adequately considered these surrounding circumstances.

Conclusion: The bail order was unsustainable and was set aside; the accused was directed to be taken into custody forthwith.

Ratio Decidendi: An order granting bail may be set aside where the court granting bail overlooks material factors such as prima facie involvement, gravity of offence, likelihood of absconding, witness intimidation, and criminal antecedents, or when it conducts an impermissibly deep merits review at the bail stage.

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