'Parity' cannot be the sole ground for granting bail: Allahabad HC

Team SoOLEGAL 29 Jul 2020 3:15pm

'Parity' cannot be the sole ground for granting bail: Allahabad HC

While dismissing a bail application filed under Sections 147, 148, 149, 302, 307, 504, and 34 of the Indian Penal Code, 1860 filed by Gajendra Singh, the High Court of Allahabad ruled that parity cannot be the sole basis for bail and every plea for bail must be determined on its own merit.

Advocate Manish Tiwary, on behalf of the applicant, submitted to the court that the bail was granted to the co-accused Harendra, even when there was recovery of fire arm of 315 bore from his possession. He also stated that the applicant is entitled to parity bail.

On the other hand, Advocate Anoop Trivedi on behalf of the opposite party stated that the applicant is not entitled to get bail on the ground that he has a criminal history and that the trial has also begun. He relied on various decisions of the Supreme Court and chiefly in the case of Ramesh and others vs. the State of U.P. (Criminal Appeal No. 528, 1998).

The single- Judge bench of Hon’ble Justice Mr. Ravi Nath Tilhari 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.”

Therefore, the bench held that bail cannot be granted in the present case.  

Tagged: Allahabad HC   Indian Penal Code   Advocate Manish Tiwary   Advocate Anoop Trivedi   Supreme Court   Justice Mr. Ravi Nath Tilhari  
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