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Whether the Bail should have been granted to the accused?


The Court before granting bail in cases involving non-bailable offences particularly where the trial has not yet commenced should take into consideration various matters such as the nature and seriousness of the offence, the character of the evidence, circumstances which are peculiar to the accused not being secured at the trial, reasonable apprehension of witnesses being tampered with the larger interests of the public or the State and similar other considerations. The Court should exercise a greater degree of care in enlarging on bail an accused who is charged with the offence punishable under Section 3 of the Official Secrets Act when it relates to military matters.

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