Reasoned bail orders in serious offences must show prima facie basis; merits review at bail stage is improper.

Bail in a murder and criminal conspiracy case requires a reasoned order showing a prima facie basis for release, especially where the offence is serious. Relevant factors include the nature of the accusation, severity of punishment, supporting evidence, risk of witness tampering, and prima facie satisfaction with the charge. An order granting bail without addressing these considerations reflects non-application of mind. Here, the bail order was found to have assessed the prosecution case on merits in a manner inappropriate at the bail stage and to have lacked adequate reasons for release; the grant of bail was set aside and custody directed to continue.

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Issues: Whether the order granting bail in a case involving murder and criminal conspiracy was justified.

Analysis: While deciding bail, the court must record reasons showing a prima facie basis for release, particularly where the accusation concerns a serious offence. Relevant considerations include the nature of the accusation, the severity of punishment, the supporting evidence, the possibility of tampering with witnesses, and prima facie satisfaction in support of the charge. An order granting bail without such reasons reflects non-application of mind. The impugned order was found to have examined the merits of the prosecution case in a manner inappropriate at the bail stage and to lack adequate reasons supporting the grant of bail.

Conclusion: The grant of bail was unjustified and was set aside; custody of the accused was directed to continue.

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