Bail granted on ground of parity where implication rests solely on confessional statements of co-accused.

The applicant, Kaleem, sought regular bail in connection with Case Crime No. 138 of 2018 involving the murder of Daya Singh and the attempted murder of Devendra Singh

On May 25, 2018, two unidentified individuals entered the informant’s house, fatally shooting Daya Singh and injuring Devendra Singh

Subsequent investigations revealed a conspiracy involving co-accused persons to seek revenge against one Gurmukh Singh

The specific allegation against the applicant is that, while incarcerated for a separate matter, he conspired to provide a country-made pistol to the assailants through his brother, co-accused Aleem

The applicant has been in judicial custody since May 29, 2018

Whether the applicant is entitled to regular bail considering his prolonged incarceration, the nature of the evidence against him, and the fact that co-accused persons have been granted bail

The court considered the penal provisions under Sections 302 (Murder), 307 (Attempt to murder), 34 (Common intention), and 120B (Criminal conspiracy) of the Indian Penal Code, 1860

The court applied the fundamental principles of bail jurisprudence, specifically focusing on the rule of parity and the protection against indefinite preventive detention without trial

The court observed that the applicant was not named in the First Information Report (FIR) and his involvement was primarily suggested through the confessional statements of co-accused persons, specifically Devendra Singh and Narender Sharma

A critical gap in the prosecution's case was noted: the Investigating Officer failed to record statements from any jail officials to substantiate the claim that the applicant facilitated the transfer of a weapon from within the prison

The court applied the principle of parity, noting that the primary accused persons and other co-conspirators—including Narender Sharma, Shankar Sharma, Devendra Singh, and Aleem—had already been granted regular bail by the High Court

Considering the applicant has been in custody since May 2018 (nearly eight years) and is a permanent resident of District Haridwar with no apparent flight risk, the court determined that further detention for an indefinite period was unwarranted

The High Court allowed the First Bail Application

The applicant was ordered to be released upon executing a personal bond and furnishing two reliable sureties, subject to conditions that he attend the trial court regularly, refrain from seeking unnecessary adjournments, and avoid any inducement or threat to witnesses

The court further clarified that the prosecution remains free to move for cancellation of bail should the applicant violate any conditions