Bail in serious assault cases requires full consideration of circumstances; innocence and no overt act alone were insufficient here.

Grant of bail in a prosecution involving Section 307 IPC and constructive liability under Section 149 IPC was held unsustainable where it rested only on assertions of innocence, cooperation with trial, absence of a specific overt act, and completion of investigation. The Court treated those factors as insufficient by themselves in a serious offence context and emphasised that the relevant circumstances must be properly considered before bail is granted. The bail order was set aside and the matter was remanded to the High Court for fresh consideration in accordance with law.

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Issues: Whether the order granting bail could be sustained where the allegations included offences under Section 307 of the Indian Penal Code, 1860 and the accused was arraigned with the aid of Section 149 of the Indian Penal Code, 1860.

Analysis: The bail order was founded on the claims of innocence, an undertaking to cooperate with the trial, the absence of a specific overt act, and the completion of investigation. In a case involving a serious allegation under Section 307 of the Indian Penal Code, 1860 and constructive liability under Section 149 of the Indian Penal Code, 1860, those considerations by themselves were held to be insufficient for granting bail without due regard to the relevant circumstances.

Conclusion: The bail order was unsustainable and was set aside; the matter was remanded to the High Court for fresh consideration in accordance with law.

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