Facts
The petitioners sought regular bail in FIR No. 269/2022 (PS Hari Nagar) for offenses under Sections 302, 307, 323, 147, 148, 149, 506, 120B, and 34 of the Indian Penal Code (IPC)
Source reference: p. 1The prosecution case involves an incident inside a jail cell where a group of prisoners assaulted two other inmates with dandas (wooden sticks), fists, and kicks, leading to the death of one prisoner
Source reference: p. 2The event was captured on CCTV
Source reference: p. 2The petitioners sought bail on the ground of parity with two co-accused, Ashwani and Rahul, who were granted bail by coordinate benches
Source reference: p. 2The State opposed the applications, noting that Akash is involved in six cases and Ankit in four, and specifically distinguished Ankit’s role as he used a danda during the assault while those granted bail did not
Source reference: p. 2Issues
1. Whether the applicants are entitled to regular bail on the grounds of parity with co-accused persons
Source reference: p. 22. Whether the specific use of a danda by an accused in a "free for all" group assault justifies the denial of bail when co-accused using fists/kicks have been granted bail
Source reference: p. 3Law Applied
The court applied the legal principles governing regular bail under the Code of Criminal Procedure (now Bharatiya Nagarik Suraksha Sanhita) in the context of Sections 302 (Murder) and 147-149 (Unlawful Assembly/Rioting) of the IPC
Source reference: p. 1Central to the reasoning was the "Doctrine of Parity," which mandates similar treatment for similarly situated accused persons in bail matters.
Source reference: p. 3The court also considered the evidentiary weight of CCTV footage and the impact of prosecution witnesses turning hostile during trial
Source reference: p. 3Reasoning
Upon viewing the CCTV footage, the court observed that the incident appeared to be a "free for all" assault by numerous inmates rather than a "concerted attack"
Source reference: p. 3The court reasoned that in such a chaotic group fight, the specific mode of assault—whether by danda, fists, or kicks—cannot be used as a strict criterion to distinguish roles for the purpose of bail
Source reference: p. 3The court further noted a significant lapse in the investigation, as the Investigating Officer admitted to not investigating how dandas were smuggled into the jail cell
Source reference: p. 3Additionally, the court took note of the fact that three prosecution witnesses had already turned hostile during the trial, weakening the prosecution's immediate case against the petitioners
Source reference: p. 3Holding
The court allowed the bail applications, holding that parity cannot be denied to the applicants simply because one of them used a danda in a general melee
The court directed that both Akash and Ankit be released on bail, if not required in any other case, subject to furnishing a personal bond of Rs. 20,000/- with one surety each of the like amount to the satisfaction of the trial court
Source reference: p. 3-4All pending applications were disposed of accordingly
Source reference: p. 4Original Court PDF
Akash @ TtvsState Of Nct Of Delhi
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