Gujarat High Court Criminal Manual (subordinate court practice), 1977
The power of admitting a prisoner to bail in non-bailable offences is a matter of judicial discretion and not a ministerial act; and the main or prime consideration in the exercise of that discretion should be the likelihood of the prisoner failing to appear at the trial. Other factors requiring consideration are the seriousness of the offence, previous conviction, if any, of the accused, abnormal conditions and necessity to take special precautions in particular cases. Interim bail is, however, permissible, but in non-bailable cases the prosecution should be heard. Bail should not be refused nor prohibitive bail insisted upon, merely on the ground that the police desire it, as such a decision may lead to grave injustice. A Magistrate may, however, take into consideration the information supplied and the reports made by the police. The provisions of sections 437, 439 and 440, Code of Criminal Procedure 1973, should be strictly adhered to for the purpose of bail.