6 The Hon’ble Apex Court in the case of Siddharam (supra) has laid down guidelines which are to be considered for the purpose of deciding anticipatory bail application. One of the crietria which is required to be considered is the nature and gravity of accusation. Here in this case, the informant was assaulted by number of persons which is supported by the injury certifcate placed on record. Though out of 8 injuries 7 injuries are simple in nature, for the purpose of attracting provisions of Section 307 of Indian Penal Code, the nature of injury hardly matters. What the Court needs to see is as to whether prima facie there is material to indicate that there was an attempt to commit murder of the informant. The evidence on record is not short to at least prima facie hold so. The Hon’ble Apex Court has also clearly held that for the purpose of granting anticipatory bail balance has to be stuck between two factors namely that no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustifed detention of the accused.
