In serious criminal offenses, bail may be denied due to the risk of tampering with evidence and potential witness intimidation, especially when substantial evidence exists against the accused.

Headnote:(A) Indian Penal Code, 1860 - Sections 302, 120-B, 34 - Arms Act, 1959 - Sections 25, 27, 54, 59 - Application for bail in a serious murder case involving multiple stab wounds and substantial evidence against the accused, including the presence of the deceased's blood on the accused's clothing. Court finds the petitioner, charged with a heinous crime, poses a risk of tampering with evidence and influencing witnesses. (Paras 2, 4, 6, 9)

(B) Bail considerations - Factors include the nature of the crime, potential for witness tampering, and the accused's behavior. The court emphasizes that the severity of the allegations and evidence on record do not favor bail. (Paras 7, 9)

Facts of the case:
The petitioner is accused of the murder of Shoaib @ Gandhi, whose body was found with stab wounds. Witnesses testified about the circumstances of the incident, although one turned hostile. Evidence includes bloodstained clothes of the petitioner linked to the deceased. Charges have been filed, and the trial is ongoing. (Paras 2, 4, 8)

Findings of Court:
The court finds substantial evidence against the petitioner, including the recovered knife and bloodstains, establishing a strong case. Concerns regarding witness tampering and the gravity of the crime reinforce the decision to deny bail. (Paras 6, 9)

Issues: The main issue is whether the accused should be granted bail considering the serious allegations and ongoing trial. (Paras 4, 9)

Ratio Decidendi: The court ruled that in serious offenses like murder, especially with evidence of the accused’s potential to influence witnesses, bail should be denied to preserve the integrity of the judicial process. (Paras 6, 9)

Result: Petition dismissed.

Table of Content
1. description of the crime and events leading to fir (Para 2)
2. arguments by both defense and prosecution (Para 3 , 4)
3. court's analysis of evidence and considerations (Para 5 , 6 , 8)
4. factors for granting bail (Para 7)
5. conclusion on bail application (Para 9 , 10)

JUDGMENT

Subramonium Prasad, J. The petitioner seeks bail in FIR No.43/2018 dated 21.02.2018 registered at Police Station Sadar Bazar for offences under Section 302/120-B/34 IPC read with Sections 25/27/54/59 Arms Act.

2. Facts, in brief, leading to the present FIR are as follows:

i. On 21.02.2018, information was received at Police Station Sadar Bazar vide DD No.12A stating that one person is lying dead and his throat has been slit. Police reached the spot i.e. Shahi Idgah Park, Motia Khan, Sadar Bazar, Delhi and found a male body there with his throat slit and injury marks on his abdomen. Deceased was identified as Shoaib @ Gandhi by the father of the deceased. FIR No.43/2018 dated 21.02.2018 was registered at Police Station Sadar Bazar for offences under Section 302 IPC.

ii. During investigation, one witness namely, Md. Tahid, disclosed that on 20.02.2018 at about 9:15 PM he saw the deceased Shoaib @ Gandhi along with Sakir, Sharukh (the Petitioner herein), Ravi and one CCL (X). It is stated that all of them were consuming liquor. Tahid disclosed that he left the place at about 10:00 PM. He further stated that at about 8:00 AM in the morning he came to know that Shoaib @ Gandhi has been stabbed to death.

iii. It is stated that on 22.02.2018 Ravi Kohli was apprehended. He disclosed that he and Sakir had enmity with Shoaib @ Gandhi and on 20.12.2018, at about 8:00 PM, Sakir called him and asked him to come to Idgah. It is stated that when he reached Idgah, Sakir, Sharukh (the Petitioner herein), Shoaib @ Gandhi & the CCL-'X', were already there and they were consuming liquor. It is stated that he also joined them and started consuming liquor. It is stated that after some time he had a heated argument with Shoaib and they had a fight. It is stated that during the scuffle Sakir handed-over a knife to him and the Petitioner herein and the CCL-'X' held Shoaib. It is stated that he gave several blows on the chest and abdomen of the deceased - Shoaib @ Gandhi. It is further stated that when the deceased fell on the ground, Ravi slit his throat with the knife.

iv. On the disclosure statement of Ravi, Shakir and the Petitioner herein were arrested. The knife, which was used in the incident was recovered and opinion has been received from doctor regarding the knife and the doctor has opined that the injuries which were found on the body of the deceased could have been caused by the knife recovered from the accused or by any such similar weapon. Blood stained clothes of the Petitioner were recovered and sent to FSL and the FSL report has opined that the blood on the clothes of the Petitioner is of deceased's - Shoaib.

v. Charge-sheet has been filed. Trial has begun and eight out of twenty witnesses have been examined.

vi. The petitioner approached the Sessions Court by filing an application for grant of regular bail and the same was rejected by the learned Additional Sessions Judge, Central, Tis Hazari Courts, New Delhi, vide order dated 11.11.2019.

vii. The petitioner has, thereafter, approached this Court for grant of bail.

3. Mr. Hemant Choudhary, learned counsel for the petitioner, submits that the witness - Tahid, who had narrated the entire incident to the Police, has been examined and he has turned hostile. He submits that the Petitioner should be deemed innocent unless he is found guilty. He submits that public witnesses have been examined and there is no necessity for keeping the Petitioner in further custody.

4. Per contra, Mr. Amit Chadha, learned APP for the State, contends that the Petitioner is accused of committing a very heinous offence wherein a person has lost his life because of multiple stab wounds. He states that just because th

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