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Sep 12, 2009

State of U.P. through C.B.I. Vs. Amar Mani Tripathi 2005 SCC(Criminal) 1960

It is well settled that the matters to be considered in an application for bail are (i) whether there is any prima facie or reasonableground 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,positionandstandingoftheaccused;(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.

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