(1.) The judgement is being structured in the following conceptual framework to facilitate the discussion:
(2.) While discharging judicial functions in bail determination this Court is not denuded of its status as a constitutional court. The court is under a constitutional obligation to address various legal and constitutional issues which impact the grant of bail if they arise in the facts of a case. Forgotten humanity in jails has been brought in full glare of the judicial process. In these facts and circumstances the court cannot abdicate its constitutional role, and turn a blind eye to their suffering.
(3.) Shri Nanhe Lal Tripathi, learned counsel assisted by Shri Satish Kumar Mishra, learned counsel for the applicant makes the following submissions: