Noting by Officer or Serial Date Office notes, reports, orders or Advocate No Proceedings with signature and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused; ix. The court to consider reasonable apprehension of tampering of the witness or apprehension of threat to the complainant; x. Frivolity in prosecution should always be considered and it is only the element of genuineness that shall have to be considered in the matter of grant of bail and in the event of there being some doubt as to the genuineness of the prosecution, in the normal course of events, the accused is entitled to an order of bail.” Mr. Bhowmik, learned senior counsel has emphasised in particular on condition No.8 which provides that while considering the prayer for grant of anticipatory bail, a balance has to be struck between two factors namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused. From the other side, appearing for the State Mr. S Sarkar, learned PP has produced the Case Diary and contended that the investigation could not be completed inasmuch as so many trail is still untraced. The petitioners are absconding from the place of occurrence. That apart, Mr. Sarkar, learned PP has submitted that these two petitioners are the principal offenders and as such grant of anticipatory bail in their favour might cause prejudice to the investigation. Having appreciated all the factors and looking into the gravity of the offence, this Court does not feel that if the petitioners are arrested their detention would be unjustified at the stage of investigation.
