The principle of parity, potential trial duration, and satisfactory jail conduct are key factors in granting bail.

JUDGMENT

1. This is a bail application seeking grant of regular bail filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 being accused in FIR No.229/2022 dated 07.03.2022 registered at P.S.: DBG Road, Delhi under Sections 394/395/482/412/120B/34 of the Indian Penal Code, 1860 and under Section 25 of the Arms Act, 1959.

2. As per FIR, on 07.03.2022, the complainant while returning from office with one of his employees after collecting money, was assaulted by the applicant and other co-accused persons, who also took Rs.91,00,000/- from them. Thereafter, the applicant and the co-accused persons were apprehended from Rajpura, Punjab on 10.03.2022 when Rs.4,00,000/-, out of the total recovered amount of Rs.38,00,000/-, was recovered from the applicant. During investigation, a further amount of Rs.3,00,000/- was recovered from the applicant's house on 12.03.2022. Thereafter, charge sheet was filed after conclusion of investigation and one of the co-accused persons was released on bail without conducting any Test Identification Parade (TIP).

3. Learned counsel for the applicant submits that the applicant is in judicial custody since 10.03.2022. He seeks parity with one of the co-accused person who has since been released on bail vide order dated 12.10.2022 passed by the learned Trial Court on account of his TIP having failed and also with another co-accused person who has also since been released on bail vide order dated 15.12.2022 passed by the learned Trial Court without his TIP being held.

4. Learned counsel for the applicant then took this Court through the three orders dated 09.09.2019, 11.09.2019 and 04.01.2022 wherein the applicant was released on bail by the Trial Court(s) and the order dated 03.06.2020 wherein also he was released on bail by the High Court of Punjab and Haryana at Chandigarh and lastly the order dated 23.03.2020 passed by the Addl. Sessions Judge, Rohtak wherein he was acquitted in one of the five FIR's registered against him. These orders, filed pursuant to order dated 17.03.2023 of this Court, show that the applicant has since been released on bail in four FIR's and further acquitted in one FIR. He further submits that there was no injury or wound mark on the complainant in the MLC. He also submits that there are no details of source of money of the complainant and that the money recovered from the applicant is from a sale of property.

5. Notice was issued and Status Report was filed. The Nominal Roll of the applicant was also called for.

6. The State in its Status Report has opposed the release of the applicant on bail on the ground that his TIP was not conducted as he was one of the conspirators who had not come in direct contact with the complainant. Learned APP for the State, opposing the release of the applicant on bail submits that one of the co-accused was granted bail as his TIP had failed. He also submits that there is a likelihood of the applicant influencing the witnesses as the evidence is yet to be recorded.

7. The Nominal Roll shows that though in addition to the present FIR, there are five more FIR's registered against the applicant between the years 2016 and 2022 but the overall jail conduct of the applicant is satisfactory and there is no report of misconduct during interim/bail/parole.

8. This Court has heard the learned counsel for the applicant and the learned APP for the State and also perused the documents on record. As per the Status Report, the applicant is only one of the conspirators who never came in front of the complainant during the incident. In view of the aforesaid and considering that the role of the applicant is still unclear and almost same as the co-accused persons, who have already been released on bail by the learned Trial Court, this Court finds the applicant fit to be released on bail on the ground of parity. The fact that out of the five FIR's registered against the applicant, he has since been released on bail in four FIR's and