Every citizen of India has a fundamental right to freedom guaranteed under Article 21 of the Indian Constitution, which specifically states, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” Any individual, who violates the law of the land, is bound to face consequences as per the law and in such a case, his freedom may be restricted depending upon the gravity of offence as such committed. Every accused who has been frivolously charged with the allegations of a non-bailable offence is not only entitled to a good defense but also to be released on bail, by the Court upon taking into various factors such as nature or seriousness of the offence, the character of the evidence, circumstances which are peculiar to the accused, reasonable apprehension of the witnesses being tampered with, the larger interests of the public or the state and similar other factors. It is the solemn duty of the Court to decide the bail applications at the earliest by reasoned order, based on the bona fides of the applicant in light of prevailing facts and circumstances. At the time of deciding the application seeking bail, the Court should look at the prima facie material available and should not go into the merits of the case by the appreciation of evidence. At the time of grant or denial of bail in respect of a non-bailable offence, the primary consideration is the nature and gravity of the offence. While adjudicating bail applications, the Courts should only go into the question of prima facie case established for granting bail. The Court cannot go into the question of credibility and reliability of the witnesses put up by the prosecution. The question of credibility and reliability of prosecution witnesses can only be tested during the trial. The Hon’ble Supreme Court in the matter of State of Maharashtra v Sitaram Popat Vital has stated a few factors to be taken into consideration, before granting bail, namely: (i) The nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence; (ii) Reasonable apprehension of tampering of the witness or apprehension of threat to the complainant; (iii) Prima facie satisfaction of the Court in support of the charge. The factors such as previous conduct and behavior of the accused in the Court, the period of detention of the accused, and health, age, and sex of the accused also may be considered at the time of grant of bail.