Box-15 The Court while considering anticipatory bail application, shall: S.438(1) 1. Ensure that, the factors to be taken into consideration are nature and gravity of the accusations, antecedents and the previous convictions, if any, the possibility of the applicant evading justice, or the possibility of accusation being used to humiliate or injure the reputation of the applicant. S.438(1-A) 2. Ensure that, in case an interim bail has been granted u/s 438(1), a notice for not less than seven days is given to the public prosecutor and the concerned Supdt. of Police with a view to giving them a reasonable opportunity of being heard. S.438(1-B) 3. Ensure that the applicant is present in the court at the time of final hearing of the application and passing of the final order by the court, if the court considers such presence to be necessary in the interest of justice. 4. Ensure that, in case anticipatory bail is granted, it may include such conditions as prescribed u/s 438(2) Cr. P.C. in the lights of the fact of the particular case. 5. Ensure that the conditions imposed while granting the anticipatory bail commensurates with the gravity of the offence alleged to have been committed. 26