Pre-arrest bail

--- S. 498 --- Pre-arrest bail --- Object of Trial --- Under-trial Prisoner --- No punitive Detention --- Presumption of Innocence --- It is well settled that the object of trial is to make an accused face the trial, not to punish an under-trial prisoner.

--- S. 498 --- Pre-arrest bail --- Scope of Inquiry --- Tentative Assessment --- No Deeper Appreciation of Evidence --- The case of further inquiry presupposes a tentative assessment --- It is well-settled that deeper appreciation of evidence is not permissible at the bail stage.

--- S. 498 --- Pre-arrest bail --- Cross Versions --- Self Defence --- Reversal of Roles --- In the aftermath of a cross version, the role of the parties can be reversed, wherein the accused becomes the complainant and the complainant becomes the accused --- At this stage... it is not clear who aggressed and who was aggressed upon.

--- S. 498 --- Pre-arrest bail --- Further Inquiry --- Cross version --- Conflicting Version --- Grant of Bail --- Tentative Assessment --- Benefit of Doubt at Bail Stage --- The cases encompassing the ‘cross versions’ recorded for one and the same incident articulate conflicting and distinct accounts --- At this stage, where the cross version of parties is available on record, it is not clear who aggressed and who was aggressed upon, so in all fairness, the case requires further inquiry.