Grant of bail based on the principle of parity when similarly situated co-accused have been released, particularly when no specific incriminating role is assigned to the applicant and the charge sheet has been filed.

1. Heard Sri Jitendra Singh, learned counsel for the applicant, Sri D.P.S. Chauhan, learned A.G.A. for the State and perused the record.

2. This application has been filed with a prayer to release the applicant on bail during the trial in in Case Crime No. 17 of 2026, under section 103(1), 115(2), 351 (3), 126 (2), 191 (1), 191 (2), 191 (3), 190 and 3 (5) of B.N.S. and section 27 of Arms Act, P.S.- Gadhiya Rangeen, District- Shahjahanpur.

3. Contention of learned counsel for the applicant is that the applicant is an innocent person and he has been falsely implicated in the present case. He further submitted that in the FIR, specific allegation of causing firearm injury has been made against the co-accused Pradeep, Sanjeet and Surjeet, subsequently, the eye-witness as well as the injured made specific allegation for causing firearm injury against accused Sanjeet and Surjeet. No specific role has been assigned to the applicant for causing any injury to the deceased. No weapon has been recovered on pointing out of the applicant. The applicant has been falsely implicated merely because he is father of co-accused Surjeet and Sanjeet though there is no incriminating material against him. He further submitted that co-accused Vipin and Naresh, having similar role to that of the applicant, have been enlarged on bail by this Court in Criminal Misc. Bail Application No.12121 of 2026 and 12989 of 2026 vide order dated 09.01.2026 and 20.04.206. Therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant has no criminal history and he is in jail since 16.02.2026. It is lastly submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. In case the applicant is released on bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

4. Per contra, learned A.G.A. vehemently opposed the prayer for bail but could not dispute the parity of the applicant with co-accused Vipin and Naresh, who have been enlarged on bail by this Court.

5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the fact that similarly situated co-accused has been enlarged on bail and keeping in view the nature of offence, evidence, complicity of accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC Online SC 3038 and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. Accordingly, the present application is allowed

6. Let the applicant- Awadhesh involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

7. In case of breach of any