Bail may be granted on the grounds of parity when co-accused are released, especially when no recovery is made from the applicant and the charge sheet has been filed, aligning with judicial guidelines on liberty and prison overcrowding.

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

2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.141 of 2025, under Sections- 140(1), 61(2), 103(1), 238, 3(5) of BNS, Police Station-Fariha, District- Firozabad, during the pendency of the trial.

3. Contention of learned counsel for the applicant is that in the FIR, allegation has been made that applicant came to the house of the deceased and took him in his motor cycle at 7:30 am on 17.08.2025. Thereafter, the body of the deceased was found on 22.08.2025. As per the postmortem report, the cause of death is strangulation and the applicant has been arrested by the police during investigation on the ground that the deceased was lastly seen in the company of the applicant in evening on 8:03 pm on 17.08.2025. Thereafter, on the confession of the applicant, three other co-accused, Ankit Pradhan Alias Ashutosh, Chintu and Gaurav were arrested and on pointing out of those co-accused, lower, purse, pocket diary and aadhaar card of the deceased was recovered. It is further submitted that the dead body of the deceased was found 40 kms away from the place where the applicant was seen in CCTV footage at 8:00 pm on 17.08.2025 and though there is no witness who claims to have seen the applicant in the company of the deceased just before his death. It is further submitted that co-accused Gaurav, Ankit Pradhan Alias Ashutosh and Chintu, have already been released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application Nos.39069 of 2025, 41048 of 2025 and 42694 of 2025 vide orders dated 15.11.2025, 21.12.2025 and 27.01.2026. Therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 22.08.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

4. Per contra, the learned A.G.A. has vehemently opposed the prayer for bail but could not state the exact time of the last seen in the CCTV footage, as mentioned in the case diary as well as the statement of the witness. He also could not dispute the fact that there was no recovery on the pointing out of the applicant.

5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the 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 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail 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.

6. Let the applicant- Vijay, 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