The court emphasized the principle of parity in granting bail, particularly when co-accused have been released under similar circumstances.

Order :

1. The jurisdiction of this Court has been invoked by way of filing application under Section 439 Cr.P.C . at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made accused based on conjectures and surmises. Learned counsel for the petitioner further submits that the Co-accused Rakesh @ Leeladhar has been granted bail by this Court. He further submits that case of the petitioner is not distinguishable with that of the case of the aforesaid co-accused who has already been enlarged on bail.

3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

4. I have considered the submissions made by both the parties and have perused the material available on record. Co-accused Rakesh @ Leeladhar has been granted bail by this Court. The petitioner was not present at the spot also and he has been made accused in this case solely on the basis of confessional statement made by the principal accused. Thus, on the ground of parity and considering the fact that there is high probability that the trial may take long time to conclude, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.

5. Accordingly, the instant bail application under Section 439 Cr.P.C . are allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.