The triple test that should govern a majority of all bail/ anticipatory bail applications.

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The triple test that should govern a majority of all bail/ anticipatory bail applications.

The triple test should come into foreplay and govern all bail/ anticipatory bail applications, subject to a few exceptions, being the most heinous of offences. The triple test generally includes three facets, the first one being evident non – cooperation, the second one is demonstrable flight risk, and the last one is manifestation of likely hood of tampering with evidence. These three marks will continue to govern the accused while he is on parole and bail should be strictly, and without an iota of doubt be made subject to the aforementioned three conditions.

The passport, if surrendered, then there can be no scope of absconsion, because if a warrant is issued, then by virtue of Section 77 of The Code of Criminal Procedure, the warrant would be exercisable in any place in India, and ergo, the role of the accused being a,”flight-risk” would hold no ground.

Non-cooperation has to be manifestly evident and generally, towards the end of every bail/anticipatory bail order there is a direction to meet the investigating officer, in a stipulated time frame, again and again, that goes on to establish a facet that would be taking care of the accused on parole, being co-operative.

Tampering of evidence holds no ground, because all instances of evidences are generally locked up and are under the aegis of the concerned government authorities and to tamper with such evidence would issue a fresh cause of action that would hold the accused on bail to be a subject of a different criminal case altogether, with the cancellation of bail in the selfsame original matter.

Therefore, irrespective of how vehement the prosecution maybe, in terms of putting forth the, gravity of the offence”, any application concerning the liberty of a person should always, and predominantly be subjected to the aforementioned triple test.