Bijender v. State

$~63 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ Bail Appl.No.556/2016 BIJENDER ..... Petitioner Through Ms.Radhika Arora, Adv.

versus STATE ....Respondent Through Mr.Hirein Sharma, APP for the State

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 10.03.2016 The present bail application has been filed by the petitioner for grant of interim bail for a period of two weeks on the ground that the grandfather of the wife of the applicant passed away on 9th March, 2016 and that he has to express condolence to his family. The other ground for grant of interim bail is the marriage rituals and customs of wife's brother i.e. grandson of the deceased, which are to take place from 6th March, 2016 which would last till 15th March, 2016. On query, learned counsel for the petitioner has submitted that in the present case, the FIR was registered under Section 302/506/34 of the Indian Penal Code & Sections 25/27 of Arms Act, in which

trial is pending.

On the other hand, learned APP for the State has submitted that the allegations levelled against the accused are serious in nature and apart from the present FIR bearing no.109/2010 under Section 302/506/34 IPC, there is another FIR being FIR No.106/2010 under Section 307/34 of the Indian Penal Code in which also the petitioner is seeking bail.

I have heard learned counsel for the parties and perused the available records. In the present matter, the FIR was registered under Sections 302/506/34 IPC and allegation of murder has been levelled against the accused in which the accused has filed similar application. In the facts and circumstances, this Court is of the considered opinion that seeking bail for expressing condolence on the ground that the grandfather of the wife has expired, is contrary to the circumstances while marriage ceremonies are simultaneously going on in the same family. I do not find any ground for grant of interim bail in the present case.

The present bail application is dismissed.

P.S.TEJI, J MARCH 10, 2016 aa