Bail may be granted based on the principle of parity with co-accused and the right to a speedy trial when there is prolonged detention and minimal progress in the trial proceedings.

1. Heard Sri Dharmendra Singhal, learned Senior Advocate, assisted by Sri Shivendra Raj Singhal, learned counsel for the applicant, Sri Rajesh Kumar Kanojia, learned counsel for the informant, learned A.G.A for the State and perused the material brought on record.

2. The present third bail application has been filed by the applicant-accused in Case Crime No.95 of 2021, under Sections - 147, 148, 149, 323, 427, 441, 447, 307, 302, 506, 34 I.P.C., Police Station- Falavda, District- Meerut with the prayer to enlarge the applicant-accused on bail. The second bail application of applicant was rejected by this Court vide order dated 16.01.2025.

3. Learned Senior counsel for the applicant submitted that applicant is innocent and he has been falsely implicated in this case. It was submitted that the first information report was lodged against 13 accused persons, including applicant, alleging that on account of property dispute, they have attacked the informant and his family members and resultantly informant's brother Sompal has died and other persons sustained injuries. It was submitted that specific role of firing at deceased has been attributed to co-accused Vikas @ Pappu and no specific rule was assigned to the applicant.

4. It is further submitted that the first bail application of applicant was allowed by this Court vide order dated 04.03.2022 but bail granted to the applicant, as well as to co-accused Krishanpal and Harendra, was cancelled by the Hon'ble Apex Court vide order dated 28.03.2023 passed in S.L.P., filed on behalf of informant. It was stated that after the third bail application of said co-accused Krishanpal has been allowed by co-ordinate Bench of this Court vide order dated 01.04.2025. The informant has again filed an S.L.P. before the Hon'ble Apex Court against that order but the same was dismissed. The third bail application of another similarly placed co-accused Harendra has been allowed by the co-ordinate Bench of this court vide order dated 26.02.2026. Referring to these facts, it was submitted that similarly placed co-accused persons have already been granted bail. It was stated that after the bail granted by this Court to applicant, was cancelled by the Hon'ble Apex Court, the applicant has surrendered on 17.04.2023 before the trial Court and since then he is in custody. It is further submitted that during trial only two witnesses have been examined so far and thus trial of the case is likely to take sufficient long time. Lastly, it was submitted that in case the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in trial.

5. Per contra, learned AGA and learned counsel for the informant have opposed the bail application. Learned counsel for informant submitted that applicant is brother of main accused Vikas @ Pappu and applicant was working in police. It was further submitted that after the incident, he has absconded and he was arrested after process under Section 82 Cr.P.C. was issued against him. Lastly, it was submitted that there are serious allegations against applicant and no case for bail is made out.

6. I have considered rival submissions and perused the record.

7. Perusal of records shows that the first information report was lodged against 13 accused persons, including applicant, and the role of firing at the deceased has been attributed to co-accused Vikas @ Pappu. Earlier, the applicant was granted bail by this Court vide order dated 04.03.20222, however the said bail as well as the bail grante