Grant of bail can be overturned on appeal where material factors are ignored and trial interference is likely.

An appellate court may interfere with a grant of bail where the lower court ignored material factors or acted illegally, perversely, or arbitrarily. In assessing regular bail, the seriousness of the offence, the accused's role, conduct during investigation, and the risk of tampering with evidence or influencing witnesses remain relevant, especially where trial fairness may be affected. On the facts, the accused had absconded, warrants had been issued, a reward was announced for his whereabouts, grave allegations of abduction and assault with deadly weapons were made, and the record suggested witness hostility and possible influence. The bail order was therefore unsustainable and was set aside.

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Issues: Whether the order granting regular bail was liable to be set aside for non-consideration of relevant factors, including the gravity of the allegations, the accused's conduct during investigation, and the likelihood of influencing the trial.

Analysis: An appeal against grant of bail stands on a different footing from an application for cancellation of bail. While post-release conduct is ordinarily relevant in cancellation proceedings, an appellate court can interfere where the bail order is illegal, perverse, arbitrary, or based on irrelevant or ignored material. In deciding whether the High Court properly exercised its discretion, the relevant considerations include the seriousness of the offence, the role attributed to the accused, the possibility of tampering with evidence or influencing witnesses, and the overall impact on the fairness of the trial. On the facts, the accused had remained absconding, non-bailable warrants were issued, a reward was announced for information about his whereabouts, serious allegations of abduction and assault with deadly weapons were made, one victim died, and the record indicated witness hostility and potential influence.

Conclusion: The grant of bail was found to be unsustainable and was set aside in favour of the appellant.

Ratio Decidendi: An order granting bail may be interfered with in appeal if the court below ignored material factors or acted illegally, perversely, or arbitrarily; the seriousness of the offence and the possibility of interference with the trial are relevant at the stage of appeal against grant of bail.

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