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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Manoj Jaiswal @ Manoj Saw @ Manoj Pd. Jaiswal S/o Surendra Prasad – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. The instant appeal filed under Section 21(4) of the National Investigation Agency Act, 2008, is directed against the order dated 28.05.2024 passed in Misc. Cr. Application No. 325 of 2024 by the learned Additional Sessions Judge-II, Latehar, whereby and where under prayer for regular bail of the appellant has been rejected for the offence registered under Section under Section 370(4)/34 of the I.P.C in connection with S.T. Case No. 46 of 2024 arising out of Mahuadanr P.S. Case No. 11 of 2023 corresponding to G.R. Case No. 404 of 2023.
2. It has been contended on behalf of the appellant that appellant is languishing in judicial custody since 20.05.2023 and still the trial has not been concluded.
3. It has further been contended on behalf of the appellant that two other co-accused namely Amit Bansal and Virendra Kumar Gupa have been directed to be released on bail by a co-ordinate Bench of this Court in Criminal Appeal (DB) No. 363 of 2024 vide order dated 02.05.2024 and Criminal Appeal (DB) No. 52 of 2024 vide order dated 18.04.2024 respectively.
4. Learned counsel for the appellant, based upon aforesaid grounds has submitted that it is a fit case where interference is needed
The Principle of Parity in bail applications requires careful consideration of the specific roles and allegations against the accused, rather than a simplistic comparison with co-accused.
Bail – Parity is not the sole ground on which bail can be granted – Court, while granting bail, has to consider a number of aspects – While utilizing parity as a ground for bail, same must focus on r....
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.
Under UA(P) Act Section 43D(5), bail denied if charge-sheet shows prima facie true accusations of terrorist gang involvement; custody/delay insufficient absent changed circumstances; parity only for ....
The principle of parity in bail decisions requires similar culpability; specific allegations against the appellant preclude bail.
The court cannot grant bail on the ground of parity if the specific overt acts and the severity of the injuries sustained do not warrant bail.
The ground of parity for granting bail must be valid and applicable, as indicated by previous judgments.
Bail under the U.A.P. Act requires prima facie assessment of allegations; long custody or parity with co-accused do not automatically justify release.
Bail cannot be granted solely on ground of parity without considering relevant features of case.
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