When determining whether bail should be granted in a case that is typically non-bailable, judges and magistrates take into account a variety of factors and adhere to specific standards and criteria to ensure fairness for the accused and protection for society. The decision to grant bail in these cases is not made lightly and requires a thorough evaluation of multiple aspects. Let's examine the common standards and criteria that are typically considered in these situations:

• The Nature and Severity of the Offence: One of the main factors that judges and magistrates consider is the nature and seriousness of the crime. More serious offences, such as murder, terrorism, or large-scale drug trafficking, may be less likely to be granted bail due to the potential risk to public safety and the gravity of the charges.
• Strength of the Evidence: The strength of the evidence against the accused is a crucial factor in the decision. If the prosecution presents convincing evidence linking the accused to the crime, it may decrease the likelihood of bail being granted. On the other hand, if the evidence is weak or circumstantial, it may weigh in favour of granting bail.
• Risk of Flight: Judges and magistrates assess the possibility of the accused fleeing or failing to appear for trial if released on bail. Factors such as the accused's ties to the community, past criminal record, financial resources, and immigration status may influence this determination. If there is a concern that the accused may flee, bail may be denied or set at a higher amount to mitigate this risk.
• Potential for Tampering with Evidence or Witnesses: Another consideration is whether the accused may attempt to tamper with evidence or intimidate witnesses if released on bail. If there is evidence to suggest that the accused may interfere with the judicial process, bail may be denied or subject to strict conditions to prevent such behaviour.
• Reoffending Probability: When considering granting bail, magistrates and judges must assess the likelihood of the accused committing further crimes. This may involve examining their past criminal record, behavioural patterns, and the severity of the current offence.
• Community Protection: The safety of the community is a primary concern in the bail decision. If releasing the accused poses a threat to public safety, bail may be denied or subject to strict conditions to mitigate any potential risks.
• Ties to the Community: The accused's connections to the community, such as family, employment, and social ties, are taken into consideration by magistrates and judges. Strong ties to the community may indicate a lower risk of fleeing and a higher likelihood of complying with bail conditions.
• Health and Vulnerability: The physical and mental well-being of the accused are important factors in the bail decision. In cases where the accused has significant health issues or vulnerabilities, alternative forms of release may be considered or conditions may be imposed to ensure proper care and support.
• Length of Detention: The amount of time the accused has already spent in detention awaiting trial is also factored into the bail decision. Prolonged pretrial detention without bail may raise concerns about fairness and due process, especially if there are delays in the judicial process that are beyond the accused person's control.
• Bail Conditions: In cases where bail is granted, magistrates and judges may impose specific conditions to protect the community and uphold the integrity of the judicial process. These conditions may include surrendering travel documents, regular check-ins with law enforcement, electronic monitoring, or refraining from contact with certain individuals.

To summarize, when deciding whether to grant bail in a non-bailable case, magistrates and judges take into account various elements. This involves weighing the accused's rights, the welfare of society, and the principles of justice and equity. By following established criteria and principles, magistrates and judges aim to make well-informed and impartial judgments that uphold the principles of the legal system.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565