of the respondent did not figure in the initial FIR registered or in the statements of witnesses and most of the statements disclosed the absence of the respondent’s name being taken or any overt act being attributed against the respondent. 612. It is well settled law that an accused cannot be detained under the guise of punishing him by presuming the guilt and in Vaman Narain Ghiya v. State of Rajasthan, (2009) 2 SCC 281, it has been held: “8. The law of bail, like any other branch of law, has its own philosophy, and occupies an important place in the administration of justice and the concept of bail emerges from the conflict between the police power to restrict liberty of a man who is alleged to have committed a crime, and presumption of innocence in favour of the alleged criminal. An accused is not detained in custody with the object of punishing him on the assumption of his guilt.” The broad probability of accused being involved in the committing of the offence alleged will have