The principle of parity in bail applications requires careful consideration of the accused's specific role and circumstances, rather than being an absolute basis for granting bail.

JUDGMENT :

Sushil Kukreja, J.

By way of instant petition, filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”), the petitioner is seeking bail in case FIR No. 45/2023, dated 15.08.2023, under Sections 302, 201 & 34 of the Indian Penal Code (hereinafter referred to as “IPC”) registered at Police Station Sangrah, District Sirmaur, H.P.

2. The prosecution story, in brief, is that on 14.08.2023 a telephonic information was received at Police Post Haripur Dhar that a person was found dead in suspicious circumstances. Accordingly, the police party left for Haripurdhar and found the corpse of deceased Rajender alias Pappu at Kharoti Khala. The police recorded the statement of Rajender Kumar under Section 154 Cr. P.C., who stated that today at about 8:40 p.m. his sister telephonically inquired from him that her husband Rajender Singh alias Pappu (deceased) could not be seen anywhere. On this, when he started searching for his brother-in-law (Jija), he came to know that his brother-in-law was sitting in the hotel of Manoj Chhinta at Haripurdhar and on making inquiries, Manoj Chhinta disclosed to him that Rajender Singh alias Pappu (deceased) had left his homestay at about 6:30 p.m. At about 10 p.m. he was telephonically informed by Sunder Lalta that Rajender alias Pappu (deceased) was murdered by Kaka Manta and thereafter he was taken in a car and his corpse was thrown in a gorge near Kharoti Khala. Sunder Lalta also told him that Kaka Manta was accompanying Naresh and Singhta. Thereafter, the complainant Rajender Kumar alognwith Ankit and Tanmay went to Kharoti Khala in search of the deceased and found the corpse of the deceased lying in the ghaasni at a distance of about 50-60 meters from the road. On the basis of the statement of the complainant, FIR in question came to be registered and the investigation commenced. On 15.08.2023, accused Saurav Manta and Lucky (petitioner herein) were arrested. On 19.08.2023, accused Naresh Kumar and Ramesh Chand were arrested. On 20.09.2023, Rajat Lalta surrendered before the police.

3. The bail application has been filed by the petitioner on the ground that he is innocent and has been falsely implicated in the present case. The learned Senior Counsel for the petitioner contended that other co-accused persons namely Rajat Lalta alias Golu and Ramesh Kumar alias Bittu have already been released on bail by this Court, as such, the petitioner also deserves to be released on bail on the ground of parity.

4. Per contra, the learned Additional Advocate General opposed the bail application on the ground that keeping in view the gravity of the offence alleged to have been committed by the petitioner, he is not entitled to be enlarged on bail.

5. I have heard the learned Senior Counsel for the petitioner as well as learned Additional Advocate General and have also gone through the record of the case.

6. The law with respect to the grant or refusal of bail is well settled. It has been held by the Hon’ble Supreme Court in a catena of judgments that the grant of bail involves the balancing of numerous factors, among which the nature of the offence, the severity of the punishment and a prima facie view of the involvement of the accused are important. At the stage of assessing whether a case is fit for the grant of bail, the court is not required to enter into a detailed analysis of the evidence on record to establish beyond reasonable doubt the commission of the crime by the accused. However, the Court is required to examine whether there is a prima facie or reasonable ground to believe that the accused had committed the offence and on a balance of the considerations involved, the continued custody of the accused sub-serves the purpose of the criminal justice system. In Chaman Lal Vs. State of U.P. and Another, (2004) 7 SCC 525, the Apex Court has laid down requisite factors for consideration of bail i.e., (i) nature of accusation and the severity of punishment in cas