the affidavit included Summary of Evidence List of Witnesses; List of Exhibits and proof of witness Statement. Counsel submitted that the grant or refusal of bail is at the discretion of the Court which discretion must be exercised judicially and judiciously having regard to a number of criteria which include: (i) The gravity of the offence charged; (ii) the probability of guilt (iii) the strength of the available evidence (iv) the likelihood of the accused interfering with the witnesses for the prosecution (v) the gravity of the punishment in the event of conviction. Counsel submitted that the Applicant is charged with the offence of Rape and on convicted carries a sentence of death and that the gravity of the sentence on convicted was enough incentive for the Applicant to escape, if granted bail. He further submitted that the fact that the State had filed Ext. A is conclusive that they will proceed with the prosecution of the case without delay. Counsel urged me to refuse the application for bail. Learned Counsel for the Applicant said she saw no reason to file a Counter Affidavit against the Motion on Notice and that relief (a) on the Motion paper had been overtaken by event in that the count suo 4