SAROJ Vs. CHARAN SINGH AND ORS.

JUDGEMENT

(1.) VIDE the present petition, petitioner seeks direction thereby setting aside the order dated 21.05.2015 passed by learned Additional Sessions Judge, Rohini Courts, Delhi whereby granted bail to respondent No. 1 -Charan Singh in case FIR No. 238/2014 registered at PS Narela for the offences punishable under Sections 302/34 of the IPC.

(2.) THE present petition has been filed on the ground that learned Trial Court has totally ignored the factors to be considered at the stage of disposal of bail application as laid down by the Supreme Court in the case of State through CBI vs. Amarmani Tripahti, 2005 III AD (Crl) SC 665 wherein held that nature and gravity of the charge, severity of the punishment, danger of the accused absconding or fleeing, character, behaviour, means, position and standing of the accused, likelihood of the offence being repeated, reasonable apprehension of the witnesses being tampered with, danger of justice being thwarted by grant of bail and effect upon the general public is to be seen while granting bail to the accused.

(3.) IT is contended that learned Trial Court has failed to appreciate that report of the FSL in favour of prosecution case proving that blood stains matched with the blood group of deceased were detected upon the clothes of the respondent No. 1 which were recovered at his instance after the arrest. Moreover, at an earlier occasion also, respondent No. 1 had moved an application for interim bail on the ground of illness of his wife. On enquiry, the same was found to be incorrect. Accordingly, his application for interim bail was rejected by learned Trial Court on 21.08.2014.