Facts
On October 22, 2022, a verbal altercation occurred between the deceased (Dheeraj @ Nanhe) and three individuals on a motorcycle—identified as co-accused Shamsher and the two petitioners—after the deceased requested a cigarette
Source reference: p. 2The scuffle resulted in one individual shooting the deceased dead
Source reference: p. 2Petitioner Hemant Gupta sought bail on the grounds of parity with co-accused Shamsher, who was previously granted bail despite the complainant's challenge in the Supreme Court
Source reference: p. 2-3Petitioner Lokesh Kumar sought bail citing lack of recovery, poor visibility at the scene, and prolonged custody since March 2023
Source reference: p. 3Issues
1. Whether petitioner Hemant Gupta is entitled to regular bail on the principle of parity with co-accused Shamsher
Source reference: p. 3, para 42. Whether petitioner Lokesh Kumar is entitled to regular bail considering the evidence on record, including CCTV footage and his alleged role as the main assailant
Source reference: p. 3-4, para 5-7Law Applied
Section 302 of the Indian Penal Code (IPC) regarding murder and Sections 25/27 of the Arms Act
Source reference: p. 1Principle of Parity, which mandates similar treatment for similarly situated accused persons in bail matters
Source reference: p. 3At the stage of bail, the court must not conduct a "mini-trial" or minutely examine evidence to avoid prejudicing the final trial, and must instead focus on the prima facie role of the accused and the severity of the offence
Source reference: p. 4, para 7Reasoning
Regarding Hemant Gupta, the court noted that his role was similar to co-accused Shamsher as neither was the shooter. Since the State did not challenge Shamsher’s bail and the Supreme Court dismissed the complainant's SLP against it, parity was established
Source reference: p. 3Regarding Lokesh Kumar, the court found substantial incriminating evidence, specifically CCTV footage showing him returning from the spot with a pistol in hand
Source reference: p. 3The court rejected Lokesh's arguments regarding contradictions in witness testimonies, stating that detailed evidentiary analysis is impermissible at the bail stage. It further noted that the weapon had been recovered (from co-accused Shamsher) and crucial witnesses were yet to be cross-examined
Source reference: p. 4Holding
The court allowed the bail application of Hemant Gupta, directing his release on a personal bond of Rs. 10,000/- with one surety, based on the principle of parity
The court dismissed the bail application of Lokesh Kumar, citing the severity of the offence and the prima facie evidence identifying him as the person carrying the firearm at the scene
Source reference: p. 4, para 9Original Court PDF
Lokesh KumarvsThe State (Govt. Of Nct Delhi)
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