Crl.A. No. 001163 / 2022

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When granting bail during the pendency of trial, a High Court must examine the relevant case-specific features and established parameters governing bail, and cannot substitute this inquiry with abstract considerations such as the reformative theory of punishment or a generalised invocation of Article 21. As analysed on casestatus.in, invoking broad constitutional or penological principles without applying them to the material facts of the case renders a bail order legally unsustainable.