IN BAIL APPLN. 334 OF 2023 - DEL HC -Delhi High Court grants bail to man accused of robbery and criminal conspiracy on the ground that the co-accused whose role was similar were granted bail
Justice Saurabh Banerjee [19.07.2023]

Read Order: Naseeb v. The State NCT of Delhi

Simran Singh

New Delhi, July 20, 2023: The Delhi High Court granted bail to a man accused of looting Rs 91 lakh after assaulting the owners, observing that the applicant's role was similar to the co-accused who were granted bail,and that the petitioner’s jail conduct was satisfactory and there was likelihood of a long Trial.

The Single Judge Bench comprising of Justice Saurabh Banerjee stated that as per the Status Report, the applicant was only one of the conspirators who never came in front of the complainant during the incident. In view of the aforesaid and considering that the role of the applicant was still unclear and almost same as the co-accused persons, who had already been released on bail by the Trial Court, the Court found the applicant fit to be released on bail on the ground of parity. The fact that out of the five FIR’s registered against the applicant, he had since been released on bail in four FIR’s and also been acquitted in one FIR was also a relevant ground for consideration by this Court for releasing the applicant on bail in the present FIR.

This was a bail application filed by the applicant who was accused in an FIR registered for robbery and criminal conspiracy under Sections 394, 395, 482, 412, 120B and 34 of the Indian Penal Code, 1860 and under Section 25 of the Arms Act, 1959.

According to the FIR, on 07-03-2022 the complainant and his employee were assaulted by the applicant and other accused persons who stole Rs. 91 lakh from them. The applicant was apprehended on 10-03-2022 and Rs. 4 lakh was recovered from him. Further Rs. 3 lakh was recovered from his house on 12-03-2022.  

The applicant's lawyer argued that the applicant had been in custody since 10-03-2022. One of the co-accused was granted bail as his Test Identification Parade (TIP) failed and another co-accused was granted bail without a TIP. The lawyer also provided orders showing the applicant was granted bail in 4 other FIRs and acquitted in 1 FIR.

The prosecution opposed bail, saying the applicant's TIP was not conducted as he was only a conspirator who didn't come in direct contact with the complainant. 

The Court stated that there was every likelihood that the Trial in the matter would relatively stretch over a period of time, which in the opinion of the Court, was another ground to release the applicant on bail as languishing him behind the bars during the period of Trial shall serve no purpose and would certainly not meet the ends of justice. More so, as the Nominal Roll clearly showed that the overall jail conduct of the applicant was satisfactory and there was no report of misconduct during interim/ bail/ parole, it was another reason for the Court to proceed with releasing the applicant on regular bail.