Bail Not To Be Granted On Parity If Order Relied On Granted Relief On Wrong Facts: Allahabad High Court

The Allahabad High Court has held that parity must not be followed while granting bail when the order relied on records wrong facts.

Justice Sanjay Kumar Singh held that “a Judge is not bound to grant bail to an accused on the ground of parity if the order granting bail contain wrong facts. If any illegality is brought to the notice of the Court, the same shall not be permitted to perpetuate.”

Bail applicant was charged with crimes under Sections 396, 412 I.P.C. and Section 4/25 Arms Act. Informant's brother and his children were allegedly attacked and killed by 5 assailants, namely Sarik, Shahrukh, Dabar, Varish and Farman, who were arrested together. The Court noted that they had pleaded guilty to the crime. Applicant along with Farman had confessed to having a knife in his hand.

Counsel for bail applicant relied on coordinate bench judgment where bail had been granted to Farman. He also pleaded that the applicant had been in jail since 2020. State counsel however stated that bail was granted to Farman on the pretext that chargesheet had not been filed for three years, but the chargesheet had already been filed.

Referring to the judgment of the Apex Court in Deepak Yadav Vs. State of U.P. and another, Justice Singh held that parity was not available in this case as bail of Farman was obtained by concealing material facts.

Noting that this was a case of murder of 4 persons and grievous injury to one, the Court declined to grant bail to the applicant.

Case Title: Varish Khan v. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 10397 of 2024]

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