The principle of parity in granting bail dictates that if co-accused in identical circumstances receive bail, the same should apply to the appellant.

JUDGMENT :

1. The instant appeal preferred under Section 21(4) of the National Investigation Agency Act , is directed against the order dated 23.09.2024 passed in A.B.P. No.1276 of 2024 by the learned Addl. Sessions Judge-I, Jamshedpur, in connection with Kadma P.S. Case No.54 of 2023, registered for the offence under Sections 147, 148, 149, 332, 333, 337, 338, 353, 427, 307, 153-A, 188, 295-A, 116, 120B , 435 and 436 of the IPC , Section 3/4 of the Explosive Substance Act , Section 27 of the Arms Act and Section 3 of the Prevention of Damage of Public Property Act, whereby and whereunder, the prayer for pre-arrest bail of the appellant has been rejected.

2. It has been contended on behalf of the appellant that the appellant is absolutely innocent and has falsely been implicated in the instant case.

3. It has further been contended that there is no any criminal antecedent against the appellant as he has neither present at the place of occurrence nor any allegations have been leveled against him.

4. It has also been contended that the identically placed co-accused persons, namely, Aftab Khan and Ors., Ajay Kumar @ Ajay Gupta & Ors., Nandjee Prasad, have been granted the privilege of anticipatory bail by the coordinate Bench of this Court vide order dated 26.02.2024 passed in Cr. Appeal (DB) Nos.2024 of 2023, 1722 of 2023, 1979 of 2023 (for all three appeals, common order dated 26.02.2024) respectively.

5. While on the other hand, learned Addl. Public Prosecutor appearing for the State, has vehemently opposed the prayer for bail. However, he is fair enough to admit the fact that the case of the aforesaid co-accused persons as referred above, who have already been granted the privilege of anticipatory bail by the coordinate Bench of this Court, are identically placed to that of the case of the present appellant.

6. After having heard the learned counsel for the parties, this Court, is of the view that identically placed co-accused persons, namely, Aftab Khan and Ors., Ajay Kumar @ Ajay Gupta & Ors., Nandjee Prasad, have been granted the privilege of anticipatory bail by the coordinate Bench of this Court vide order dated 26.02.2024 passed in Cr. Appeal (DB) Nos.2024 of 2023, 1722 of 2023, 1979 of 2023 (for all three appeals, common order dated 26.02.2024) respectively, therefore, there is no reason to take distinct view, so far as the case of the present appellant is concerned.

7. Considering the aforesaid fact, this Court is of the view that the impugned order needs to be interfered with.

8. Accordingly, the impugned order dated 23.09.2024 passed in A.B.P. No.1276 of 2024 by the learned Addl. Sessions Judge-I, Jamshedpur, is hereby, quashed and set aside.

9. In view thereof, the instant appeal stands allowed.

10. On consideration of the aforesaid facts, this Court is inclined to extend the privilege of pre-arrest bail to the appellant. The appellant, above named, accordingly, is directed to surrender before the learned court below within 10 days and on his surrender, he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each, to the satisfaction of the learned S.D.J.M., Jamshedpur, in connection with Kadma P.S. Case No.54 of 2023, subject to the conditions that the appellant shall co-operate in the trial and shall not absent himself on the date fixed without any cogent cause. In case of non-cooperation in trial, it will be left open upon the prosecuting agency to move before the concerned court for cancellation of bail bond.

11. Accordingly, the instant appeal stands disposed of.