1. Nature and Gravity of the Offence
- Seriousness of the crime (e.g., heinousness, impact on society).
- Whether it's punishable with death or life imprisonment.

2. Prima Facie Case
- Whether initial evidence shows the applicant’s involvement.
- Courts assess if a strong prima facie case exists or not.

3. Role of the Accused
- Specific role played in the offence (main accused or just abettor?).
- Whether the accused was armed, used brutality, or acted under provocation.

4. Possibility of Tampering with Evidence or Witnesses
- Court examines if the accused may influence witnesses or destroy evidence if released.

5. Chances of Absconding
- Whether the accused has a fixed place of residence and community ties.
- Flight risk is a key factor.

6. Criminal Antecedents
- Any previous criminal record or past involvement in similar offences.

7. Delay in FIR or Trial
- Unexplained delay in filing the FIR may benefit the accused.
- If there is prolonged delay in trial, courts may consider bail.

8. Custodial Interrogation Required or Not
- If police no longer require custody, bail may be granted.

9. Medical and Personal Grounds
- Health condition of accused, old age, or dependent family members.
- Bail may be granted on humanitarian grounds.

10. Special Statutes Consideration
- Offences under NDPS Act, UAPA, POCSO, etc., have stricter bail provisions (reverse burden of proof, twin conditions).
- Bail requires meeting statutory requirements.

Important factors include nature of offence, evidence against the accused, risk of absconding, potential to tamper with evidence, past criminal record, need for police custody, medical grounds, delay in trial, and whether co-accused got bail.

When applying for bail in serious/non-bailable offences in India, courts weigh several critical factors, guided by both statutory law and Supreme Court precedents. Here's a refined overview:

1. Nature & Gravity of the Offence
Courts closely examine how serious the crime is, including brutality, societal impact, and potential punishment. The more heinous the offence, the stricter the scrutiny.

2. Prima Facie Case & Quality of Evidence
Judges assess whether there's a reasonable basis to believe the accused committed the crime—looking at evidence quality, not full trial depth .

3. Role & Conduct of the Accused
What part did they play—mastermind, accomplice, or minor participant? Criminal antecedents, cooperation with investigators, and general character are also crucial.

4. Likelihood of Tampering with Evidence or Witnesses
Is there a realistic risk that the accused might influence witnesses, destroy evidence, or use power to obstruct justice?

5. Flight Risk
Courts consider whether the accused might abscond—based on residence, job, family ties, passport status, or financial means.

6. Possibility of Re-offending
If the accused is likely to commit similar crimes while on bail, it's a major deterrent to bail.

7. Delay in Trial or Chargesheet
Prolonged pre-trial detention without timely chargesheet or trial progress may justify bail to protect the right to fair and speedy justice.

8. Personal Factors: Age, Gender, Health
Courts often give relief to women, elderly, minors, or those with serious health issues—granting bail on humanitarian grounds .

9. Public Interest & Safety
Bail may be denied if release could disrupt public order or endanger communities. The judiciary balances individual rights with societal welfare .

10. Parity with Co-accused
If co-accused in similar roles were granted bail, this can support granting bail to another—ensuring fairness.

11. Bail Conditions & Sureties
Courts often impose conditions to mitigate risk—like surrendering passports, regular check-ins, bonds—to ensure compliance.