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Bail Court Research Paper

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Bail Court Research Paper
Bail Court not to Functions as Trial Court A Court cannot conduct a mini trial at the time of considering a bail application.141 At the stage of granting of bail, the Court can only go into the question of the prima facie case established for granting bail. It 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.142 The Court is not expected to go deep into the probative value of the material on record in bail matters. This is to be considered and taken into account by the Trial Court at appropriate stage after evidence.143 In a case relating to allegation of torture of wife, it was contended

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