Bail may be granted on the principle of parity when co-accused with similar roles have been released, especially when specific fatal injuries are not attributed to the applicant and the investigation is complete.

1. Heard learned counsel for the applicant, 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. 531 of 2025, under Sections-190, 191(2), 191(3), 115(2), 352, 351(3), 117(2), 118(1), 109(1), 103(1) BNS, Police Station- Bhamaura, District- Bareilly, during the pendency of the trial.

3. Contention of learned counsel for the applicant is that though in the FIR, general allegation has been made against 14 persons regarding beating Babu and Javed. Subsequently, Babu succumbed to injuries. However, the injured Javed in his first statement did not make any allegation against the applicant. Thereafter, the second statement of first informant was recorded wherein he had contradicted with the statement of Javed regarding non-involvement of the applicant and two other named accused then he could not give satisfactory answer. Thereafter, the injured Javed in his second statement also made general allegation against the applicant for his involvement in the aforesaid incident but specific allegation of causing head injury to deceased Babu has been assigned to the co-accused Khursheed and no specific role has been assigned to the applicant. The postmortem report of the deceased, Babu also shows that head injury was found to be deadly as other injuries are on non-vital parts. He further submitted that co-accused Aas Mohammad and Muslim, having similar role to that of the applicant, have been enlarged on bail by this Court in Criminal Misc. Bail Application No.14280 of 2026 and 12500 of 2026 vide order dated 29.04.2026 respectively. Therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that the 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 languishing in jail since 23.12.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

4. Per contra, learned A.G.A. vehemently opposed the prayer for bail but could not dispute the parity of the applicant with co-accused, 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- Junaid 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 ap