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Issues: Whether the High Court was justified in granting bail by cryptic and unreasoned orders in a case involving grave offences, prior non-compliance with court directions, and apprehension of absconding and tampering with evidence.
Analysis: Grant of bail must rest on a judicious exercise of discretion and a reasoned consideration of relevant factors, including the nature and gravity of the accusations, supporting material, severity of punishment, criminal antecedents, likelihood of absconding, and the possibility of influencing witnesses or tampering with evidence. An order that records only generalized phrases without indicating prima facie reasons, while ignoring material circumstances such as the serious nature of the allegations and the accused's earlier conduct in evading process, is legally infirm. The requirement to record reasons is integral to transparency, accountability, and the prevention of arbitrary decision-making. On the facts, the accusations were of murder and attempt to murder, the accused had earlier resisted surrender despite court directions, and the High Court did not deal with these material aspects before enlarging them on bail.
Conclusion: The grant of bail was unsustainable and the High Court's orders were liable to be set aside.