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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Varsha @ Hira – Appellant
Versus
Govt. NCT of Delhi – Respondent
Bail Appln. 1553 of 2023
Decided On : 11-05-2023
BAIL APPLICATION - Regular Bail - The court granted bail to the petitioner based on the principle of parity, considering the identical role of the petitioner and a co-accused in the case. The petitioner was admitted on bail with specific conditions.
Fact of the Case:
The petitioner sought regular bail in a case registered under various sections of the Indian Penal Code. The chargesheet was filed under multiple sections including 302 and 308.
Finding of the Court:
The court granted bail to the petitioner based on the principle of parity and considering the facts and circumstances of the case.
Issues: The main issue was the grant of bail to the petitioner in a case involving serious charges.
Ratio Decidendi: The court's decision was influenced by the principle of parity and the identical role of the petitioner and a co-accused in the case.
Final Decision: The bail application of the petitioner was disposed of, and specific conditions were imposed for the grant of bail.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 12646/2023
Exemption allowed subject to just exceptions.
BAIL APPLN. 1553/2023
1. This is an application seeking regular bail in case FIR No. 476/2016 under Sections 323/324/341/34 IPC registered at PS Mangol Puri. Chargesheet is stated to have been filed under sections 302/308/452/323/341/148/149/120B/34, IPC.
2. Learned counsel for the petitioner submits that in the similar circumstances this court has granted bail to co-accused namely Mamta in CRL.M.C. 326/2023 vide order dated 27.04.2023. It is not disputed that the role of the present petitioner is identical to that of the co-accused Mamta. Thus following principles of parity and taking into account the facts and circumstances of the case, the petitioner is admitted on bail on furnishing a personal bond of Rs. 20,000/- (Rupees Twenty Thousand only) with one surety of the like amount to the satisfaction of the Trial Court subject to the following conditions:
a) That the petitioner shall report to the IO on every Wednesday at 05:00 PM along with a male family member at police station.
b) the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case;
c) the petitioner shall provide his/her mobile number(s) to the Police Officer In Charge of the case and keep it operational at all times;
d) in case of change of residential address and/or mobile number, the petitioner shall intimate the same to the Police Officer In Charge of the case/Court concerned by way of an affidavit.
3. In view of the above, the present bail application stands disposed of.
4. Copy of the order be sent to the concerned Jail Superintendent for information and compliance.
The principle of parity and consideration of the identical role of the petitioner and a co-accused influenced the court's decision in granting bail.
The principle of parity with co-accused and the period of custody can be considered in granting bail.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
The court established that the right to bail can be granted based on the circumstances of the case, including the nature of the allegations and the status of co-accused.
The court's decision was influenced by the seriousness of the offence, the potential threat to witnesses, and the need to prevent tampering with evidence, leading to the imposition of specific condit....
Granting bail based on the release of similarly situated co-accused and the lengthy trial process, without expressing any opinion on the merits of the case.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.
The decision to grant bail was based on the similarity of the petitioner's case to that of the co-accused who had already been released on bail by the co-ordinate Bench of the Court.
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