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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, J., SANJAY PRASAD, J.
Ramesh Kumar Yadav @ Ramesh Yadav – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. The instant appeal, filed under Section 21 (4) of the National Investigating Agency Act, is directed against the order dated 07.01.2025 passed in A.B.P. No. 3771 of 2024 and order dated 15.01.2025 passed in A.B.P. No.114 of 2025 by learned Additional Sessions Judge VI, Dhanbad, in connection with Katras P.S. Case No. 236 of 2023 registered under Sections 147 , 148, 149, 323, 324, 326, 307, 353, 337, 338, 427 and 436 of the INDIAN PENAL CODE as also under Section 25(1-B)(a)/26/35 of the ARMS ACT and Section 3 /4 of the Explosive Substance Act, pending before the learned SDJM, Dhanabd, whereby and whereunder, the anticipatory bail of the appellants have been rejected.
2. Learned counsel for the appellants has submitted that other co-accused persons, namely Rajeev Kumar Yadav @ Rajeev Yadav vide order dated 18.0-6.2024 in Cr. Appeal (DB) No. 3 of 2024; Janardhan Yadav vide order dated 20.02.2024 in Cr. Appeal (DB) No. 96 of 2024; Madhusudan Yadav and Manseshwar Yadav vide order dated 18.06.2024 in Cr. Appeal (DB) No. 106 of 2024; Md. Aftab Ansari and Md/ Shahanwaj Ansari vide order dated 19.03.2024 in Cr. Appeal(DB) No. 2162 of 2023; Subham Ansari and others vide order dat
The court upheld the principle of parity in granting anticipatory bail, allowing the appellants bail based on their similar situation to co-accused who were previously granted bail.
The court established that the principle of parity in bail decisions requires similar treatment for co-accused in identical circumstances.
Anticipatory bail should be granted when similarly situated co-accused are released, emphasizing equitable treatment in judicial proceedings.
The principle of parity in granting bail dictates that if co-accused in identical circumstances receive bail, the same should apply to the appellant.
Court emphasized the principles of bail, including the significance of parity and the duration of custody, leading to a decision to grant bail despite criminal antecedents.
The principle of parity in bail applies when co-accused face identical charges, warranting similar treatment unless distinct circumstances exist.
Anticipatory bail can only be granted in exceptional circumstances where the applicant is prima facie falsely implicated, considering the nature of accusations and facts of the case.
The court ruled that the denial of bail was unjustified as similar co-accused were granted bail or acquitted, necessitating similar treatment for the appellant.
Bail considerations must include the duration of custody and the number of witnesses examined, especially when co-accused are granted bail under similar circumstances.
The court ruled that prior efforts to secure bail do not merit reconsideration when serious allegations and an ongoing investigation persist, and pre-arrest bail was denied.
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