Court holds that when a co-accused has been released on bail under similar circumstances, and the applicant has undergone comparable period of incarceration, bail may be allowed on grounds of parity, along with consideration of length of custody. This precedent clarifies the approach for bail applications involving multiple accused under similar factual circumstances. Binding precedent for subordinate courts under Uttarakhand jurisdiction.
Summary
| Category | Data |
|---|---|
| Case Name | BA4/16/2025 of IRSHAD Vs STATE OF UTTARAKHAND |
| CNR | UKHC010164472025 |
| Date of Registration | 14-10-2025 |
| Decision Date | 30-10-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | HON’BLE MR. JUSTICE RAVINDRA MAITHANI |
| Court | High Court of Uttarakhand |
| Precedent Value | Binding within Uttarakhand, persuasive authority elsewhere |
| Type of Law | Criminal Law — Bail Jurisprudence |
| Questions of Law | Can bail be granted on grounds of parity and period of incarceration when a co-accused in a murder case has been granted bail? |
| Ratio Decidendi |
The Court found that where an applicant stands on similar footing to a co-accused who has already been granted bail, particularly in relation to the period of incarceration, bail may be allowed on grounds of parity. The State admitted that the factual situation and duration in custody were similar between the applicant and the bailed co-accused. After considering these facts, the Court held the case as fit for bail. |
| Facts as Summarised by the Court |
The applicant was in judicial custody under multiple IPC sections including 302 (murder) and 307 (attempt to murder). This was his fourth bail application: the first dismissed for non-prosecution, the second rejected on merits, and the third treated as a short term bail. The co-accused, Javed, was granted bail, and the applicant had been in custody for a comparable period. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Uttarakhand |
| Persuasive For | Other High Courts and courts outside Uttarakhand |
What’s New / What Lawyers Should Note
- Bail may be granted in serious offences, including those under Section 302 IPC, on the basis of parity when co-accused have been granted bail under similar circumstances.
- Length of time in custody is a significant factor supporting bail, especially where it mirrors that of a bailed co-accused.
- Lawyers should document and highlight parity in grounds and period of incarceration with co-accused who have secured bail.
- State’s admission regarding factual similarity and custody duration strengthens the case for bail on parity.
Summary of Legal Reasoning
- The Court noted that this was the applicant’s fourth bail application.
- It specifically considered that a co-accused, Javed, had already been granted bail, and the applicant had been in custody for a “long” period, comparable to Javed.
- The State did not contest the factual similarity and period of incarceration between applicant and co-accused Javed.
- Based on these factors—parity and prolonged custody—the Court found the matter fit for bail.
- Bail was made subject to satisfying certain conditions relating to non-interference with witnesses and restrictiveness of social media posting about the case.
Arguments by the Parties
Petitioner
- Parity with co-accused Javed who has already been granted bail.
- Applicant has been in custody for a similarly long duration as co-accused.
State
- Admitted the fact that co-accused Javed had been granted bail and the applicant’s period of incarceration matched.
Informant
- No distinct argument specifically recorded in the judgment apart from representation.
Factual Background
The applicant was in judicial custody in case crime No. 422/2021, registered under Sections 147, 148, 149, 302, 307, 323, 504, 506, 120B IPC at P.S. Kotwali Laksar, District Haridwar. His first bail application was dismissed for non-prosecution, the second rejected on merits, and the third was treated as a short term bail application. Post third bail application, co-accused Javed was granted bail. The applicant had been in custody for a period similar to that of Javed.
Statutory Analysis
- Sections involved: 147, 148, 149, 302, 307, 323, 504, 506, 120B of the Indian Penal Code.
- The Court implicitly applied the principle of parity in bail decisions, though no specific statutory interpretation was detailed.
- Bail order was subject to standard conditions regarding contact with injured/deceased’s family and social media conduct.
Procedural Innovations
Standard bail conditions were imposed; no new procedural innovations or guidelines were recorded in the judgment.
Alert Indicators
- ✔ Precedent Followed – Affirms the established principle of bail on the ground of parity with co-accused who have secured bail under similar circumstances.