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TMI Blog2017 (11) TMI 741X X X X Extracts X X X X X X X X Extracts X X X X ..... ses out of 21 witnesses and trial is on its last legs. Further the charged offence is serious in nature which is punishable with imprisonment which may extend to twenty years. Moreover, the possibility of the petitioner fleeing from justice being a foreign national cannot be ruled out. Taking into consideration the gravity of the offences alleged, this court does not deem it a fit case to grant bail to the petitioner. - BAIL APPLN. 407/2017 - - - Dated:- 7-11-2017 - Sangita Dhingra Sehgal, J. For the Petitioner : Mr. J.S. Kushwaha, Advocate For the Respondent : Mr. Rajesh Manchanda with Mr. Rajat Manchanda, Advocates ORDER 1. By way of the present petition filed under Section 439 of the Code of Criminal Procedure (h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the petitioner he was found in possession of three mobile phones and on checking of the said mobiles one of them was found to contain a message relating to the airway bill of the parcel in question. 3. Mr. J.S. Kushwaha, learned counsel for the petitioner contended that the petitioner has been falsely implicated in the present case; that there is a clear violation of mandatory provisions of law which casts shadow of doubt on the prosecution story; that the petitioner is having clean antecedents; that the petitioner is not a previous convict and there is no other criminal record available against the petitioner; that there is no chance of petitioner for absconding or tampering with the prosecution evidence. In support of his contentio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... need not be undertaken, there is a need to indicate in such orders reasons for prima facie concluding why bail was being granted particularly where the accused is charged of having committed a serious offence. Any order devoid of such reasons would suffer from non-application of mind. It is also necessary for the court granting bail to consider among other circumstances, the following factors also before granting bail; they are: a. The nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence b. Reasonable apprehension of tampering with the witness or apprehension of threat to the complainant. c. Prima facie satisfaction of the court in support of the charge. 7. Fr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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