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SANJAY KAROL, N. KOTISWAR SINGH
Sagar – Appellant
Versus
State of U. P. – Respondent
Certainly. Based on the provided legal document, the key legal principles and considerations regarding bail are as follows:
Bail is generally regarded as a rule, with jail being the exception, but this does not mean bail should be granted without considering the specific circumstances of the case. The court must evaluate various factors before granting bail (!) (!) .
Parity with co-accused persons cannot be the sole or primary reason for granting bail. While parity may be a relevant factor, it must be considered in conjunction with the role played by the accused, the nature of the offence, and other relevant circumstances. The role and position of the accused in the crime are crucial in assessing parity (!) (!) (!) (!) (!) (!) .
The concept of ‘parity’ refers to the role or position of the accused in the crime, not merely involvement in the same offence. Different roles—such as instigator, participant, or mere member of a group—must be distinguished, and bail should not be granted solely based on involvement in the same offence or on the grounds of parity (!) (!) (!) .
The court must exercise its discretion judiciously, considering the gravity of the offence, the role of the accused, the likelihood of tampering with evidence or influencing witnesses, and other relevant factors. An order granting bail should be reasoned, and failure to provide reasons can be grounds for setting aside the order (!) (!) (!) .
When a higher court reviews bail decisions, it must ensure that the principles of natural justice and proper reasoning are followed. Orders without adequate reasons or based solely on parity are liable to be reconsidered or set aside (!) (!) .
The assessment of whether to grant bail involves balancing the rights of the accused with the interests of justice, considering the nature of the offence, the accused’s role, and the likelihood of the accused fleeing or tampering with evidence. The order should reflect a comprehensive evaluation of these factors (!) (!) (!) .
In summary, the legal approach emphasizes that while parity can be a factor in bail decisions, it cannot be the exclusive or decisive basis. The role and position of the accused in the offence, along with other relevant circumstances, must guide the court’s exercise of discretion. Proper reasoning and consideration of all pertinent factors are essential for a just bail order.
JUDGMENT :
SANJAY KAROL, J.
1. Leave granted.
Crl. Appeal No. 5074 of 2025 [SLP (Crl) No. 8865 of 2025]
2. The appellant-complainant is aggrieved by an order granting bail in connection with Case Crime No. 0159 P.S. Hastinapur, dated 28th June, 2024 under Sections 147, 148, 149, 302, 506, Indian Penal Code, 18601 [Hereinafter referred as “IPC”] to one Rajveer by order dated 3rd January 2025 in Cr. Misc. Bail Application No. 44876 of 2024 by the High Court of Judicature at Allahabad.
3. A perusal of the First Information Report2 [FIR for short] reveals that the genesis of the instant proceedings was a verbal spat between the appellant-complainant and one Suresh Pal and his son Aditya, who were his co-villagers. The former’s father, Sonveer, opposed the escalation of the dispute, resulting in threats from the latter. On the day of lodging of the FIR, while the appellant-complainant and his parents were, for matters unrelated to the accused, on their way to the land of one Ravindra, then allegedly, the accused persons namely Suresh Pal, Rajveer, Saurav, Aditya, Prince, and Bijendra, armed with pistols came forward to block their way and prevent them from proceeding further. The responden
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