Sudhir Agarwal - (1.) The present bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No. 612 of 2017, under Sections 21/22 Narcotic Drugs and Psychotropic Substances Act, Police Station G.R.P. Moradabad, District Moradabad.
(2.) It is pleaded that alleged recovery of intoxicating powder and tablets from the pocket of applicant is planted, the allegations levelled against him are baseless and applicant has been falsely implicated in the present case. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not to seek any unnecessary adjournment during trial. The applicant is in jail since 01.08.2017 and there is nothing to show that trial has proceeded substantially or the delay in trial is attributable to applicant. In case applicant is enlarged on bail, he will not misuse liberty of bail. Applicant has no criminal history and this fact is not disputed by State.
(3.) Supreme Court in State though C.B.I. v. Amar Mani Tripathi 2005 (8) SCC 21 has also observed that normally bail should have been granted unless there exist circumstances/factors justifying denial thereof. Some of such circumstances have been stated as under: "(i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the charge; (iii) severity of the punishment in the event of conviction; (iv) danger of accused absconding or fleeing if released on bail; (v) character, behaviour, means, position and standing of the accused; (vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being tampered with; and (viii) danger, of course, of justice being thwarted by grant of bail.' ;