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2025 Supreme(RAJ) 1151
Mr. Mahendra Shandilya with Mr. Ashish Yadav; Mr. Vivek Choudhary, P.P.; Mr. Mohit Balwada
Bail can be granted based on parity when no distinguishable features exist between co-accused cases, especially after long incarceration.
Headnote:
(A) Indian Penal Code, 1860 - Sections 147, 148, 149, 450, 307, 302, 323, and 341 - Bail application - The petitioner has been in custody since 30.10.2019, with only eight out of twenty-five prosecution witnesses examined - The deceased died due to injuries from a vehicle, and a co-accused was granted bail due to long incarceration - The petitioner argues for bail on parity with the co-accused. (Paras 1-3)
(B) Bail - The court finds no distinguishable feature in the petitioner's case compared to the co-accused, who was granted bail - The petitioner has not misused interim bail previously - The court deems it just to grant bail without expressing an opinion on the merits of the case. (Paras 4-5)
Facts of the case:
The petitioner was arrested in connection with a serious offence and has been in custody for an extended period, with limited progress in the trial.
Findings of Court:
The court finds the petitioner's case comparable to that of the co-accused, who was granted bail, and thus allows the bail application.
Issues: The main issue was whether the petitioner should be granted bail based on parity with a co-accused who received bail.
Ratio Decidendi: The court ruled that the petitioner is entitled to bail on the grounds of parity, given the lack of distinguishable features in his case compared to the co-accused.
Result: The 6th bail application is allowed.
JUDGMENT :
MAHENDAR KUMAR GOYAL, J.
The present 6th bail application has been filed under Section 483 B.N.S.S. The petitioner has been arrested in connection with FIR No.0577/2019 registered at Police Station Neemrana, Bhiwadi, for the offence(s) under Sections 147, 148, 149, 450, 307, 302, 323 and 341 of I.P.C.
2. Learned counsel for the petitioner submits that he is in custody since 30.10.2019 and out of total twenty five prosecution witnesses, only eight witnesses have been examined so far. He submits that the deceased-Surendra Singh has expired, as per postmortem report, due to injuries on account of being trampled upon by a four wheeler vehicle and the co-accused Sandeep Kumar Yadav @ Fakru with allegations of driving the offending four wheeler at the relevant time, has been extended benefit of bail by the Hon'ble Supreme Court of India vide order dated 10.02.2025 on account of long incarceration. Learned counsel submits that his case in on better footing than the case of the co- accused Sandeep Kumar Yadav @ Fakru. He prays for benefit of bail on parity.
3. Per contra, learned Public Prosecutor assisted by learned counsel for the complainant, opposing the prayer, submitted that, since, one of the co-accused has absconded after his release on interim bail and is threatening the prosecution witnesses, the petitioner does not deserve indulgence of bail. They, however, could not dispute that the main accused namely Sandeep Kumar Yadav @ Fakru has been extended benefit of bail by the Hon'ble Supreme Court of India on account of long incarceration.
4. Heard. Considered.
5. The petitioner was arrested on 30.10.2019 and is in custody since then. He was extended benefit of interim bail twice; but, on none of the occasions, he misused its liberty. The Hon'ble Supreme Court of India has, vide its order dated 10.02.2025, extended benefit of bail to co-accused Sandeep Kumar Yadav @ Fakru on account of long incarceration. The case of the petitioner stands at parity and this Court finds no distinguishable feature in his case so as to deny him this benefit. In view thereof; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
6. Accordingly, the 6th bail application is allowed and it is directed that accused-petitioner Sartaj Singh S/o Boop Singh shall be released on bail under Section 483 B.N.S.S. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 480(3) B.N.S.S.
