The principle of parity in bail applications requires careful consideration of each accused's role, and cannot be invoked where direct involvement and serious charges exist.

JUDGMENT :

NEELA GOKHALE, J.

1. The Applicants seek their release on bail in connection with C.R. No.I- 76 of 2020, dated 17^th April 2020 and C.R. No.I- 77 of 2020, dated 18^th April 2020, registered with the Kasa Police Station, Palghar, for the offence punishable under Section 3 07 , 353, 332, 333, 341, 427, 147, 148 and 149 of the INDIAN PENAL CODE , 1860 (‘IPC’) and and 5 of the Prevention of Damage to Public Property Act, 1984. Thereafter, Sections 3 02 , 120B, 109, 117, 143, 144, 145, 152, 153, 188, 201, 269, 270, 271, 290, 342 and 505(2) read with 4 of the IPC and Sections 5 1(B), 52 and 54 of the Disaster Management Act, 2005 and Sections 2 , 3, 4 and 5 of the Epidemic Disease Act, 1897 and Sections 135 read with 7 (1) and (3) of the MAHARASHTRA POLICE ACT , 1951 were applied. Upon investigation, the charge-sheet was filed against 126 persons including the present Applicants. Initially, the investigation was conducted by the officers of Kasa Police Station and thereafter, it was transferred to the State Crime Branch. Mr. Munde, learned Spl. PP, has informed that the investigation was recently transferred to the Central Bureau of Investigation ('CBI') on 8^th August 2025 and by way of an amendment, the CBI is impleaded as Respondent No.2 in the present Application.

2. The facts of the case, in brief, are that while a lockdown was ordered and enforced in Palghar district on account of the Covid-19 pandemic, on 14^th April, 2020, at around 10:00 pm to 10:30 pm, a group of villagers attacked a private vehicle namely, a white Eeco car. There were three passengers inside the car. The police station received a call reporting that a mob of about 400 to 500 villagers had assembled in Gadchinche, and had overturned the said Eeco car. The passengers were trapped inside. The three persons pleaded with the main assailants in the mob that they were proceeding for a funeral of their guru. However, the villagers were convinced that these passengers were thieves, abducting children from the village. The mob assaulted these three people, with wooden sticks, rods, and stones. The mob was violent and were even pelting stones at the police van which had come to rescue the persons being assaulted. The incident took a serious turn and the police were compelled to resort to firing in the air, in an attempt to disperse the crowd. The mob, even went to the extent of assaulting the policemen, in an attempt to restrain them from reaching the persons required to be saved. All three persons succumbed to their injuries. Ultimately, the main persons in the assault were identified and arrested. The FIR was registered. The present Applicants are stated to be active assailants in the incident. They were arrested in C.R No.I – 76 of 2020 on 22^nd May 2020, and in C.R. No.I- 77 of 2020 on 08^th May 2020, 09^th May 2020 and 10^th May 2020 respectively.

3. The Applicants filed an application seeking bail before the Additional Sessions Judge, Thane; however, by order dated 2^nd September 2025, the bail application was rejected. Hence, the Applicants have moved the present Application for the reliefs as prayed.

4. Mr. Sachin Pawar, learned counsel, appeared for the Applicants; Mr. Amit Munde, learned Sp. PP, appeared for the Respondent No.2- CBI and Ms. Anuja S. Gotad, learned