High Court: Bail cannot be granted on the ground of ‘Parity’ alone (Read Order)

The Allahabad High Court while rejecting a bail application has held that parity cannot be the sole ground for granting bail and each bail application has to be decided on the basis of its own merits.

The bail application has been filed by the one Gajendra Singh for releasing him on bail in Case under Sections 147, 148, 149, 302, 307, 504 and 34 of Indian Penal Code.

Learned Senior Counsel Sri Manish Tiwary on the behalf of the Applicant-accused has submitted before the court that the co-accused Harendra from whose possession also recovery of country made pistol of 315 bore was made in this case has been granted bail by this Court therefore the bail application of Applicant must be granted. He further submitted that the matter of the co-accused Harendra is in jeopardy before the Hon'ble Supreme Court, the applicant is entitled for bail on parity.

Anoop Trivedi, learned Senior Counsel on behalf of the opposite party has submitted that applicant is not entitled for bail because of distinguishing feature of the present applicant from the matter of co-accused Harendra because it has criminal history and trial has also commenced. He has placed reliance upon the various judgment of Supreme Court and decision passed by division bench of this court in case of Ramesh and others vs.State of U.P. (Criminal Appeal No.528 of 1998)

The single- Judge bench of Justice Ravi Nath Tilhari while disposing the bail application has observed that

 “In the present case, the offence committed is of serious nature. It is double murder, which would inflict severe punishment, in case of the applicant’s conviction. There was indiscriminate firing and the fire arm injuries were sustained by the deceased Netrapal and Pratap on the vital parts of the body as per the post mortem report. The witnesses, including the informant-the injured witness, under Section 161 Cr.P.C. have named the applicant. There is recovery of fire arm of 315 bore from the possession of the applicant as per the recovery memo. There are prima facie and reasonable grounds to believe the complicity of the applicant in the commission of the offence. The applicant has criminal antecedent.”

 Reliance was placed on Rakesh Kumar Pandey vs. Munni Singh where in the Supreme Court of India has denounced the order of the High Court granting bail to the co-accused on the ground of parity in a heinous offence.

After considering the all facts in present matter the bench held that the present matter is not fit case to grant bail.

Case Details:

Before: The Allahabad High Court

Bench: Hon’ble Justice Mr. Ravi Nath Tilhari

Parties: Gajendra Singh v.  State of U.P.

Case No. Criminal Misc. Bail Application No. 2554/ 2019

Date of Decision: 23.07.2020 

Read Order@LatestLaws.com