Sagar vs State Of U P

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The appellant-complainant challenged orders of the High Court of Judicature at Allahabad granting bail to accused Rajveer in connection with a murder case registered under Sections 147, 148, 149, 302, and 506 of the Indian Penal Code, 1860. The High Court had granted bail solely on the ground of parity with co-accused Suresh Pal, who had himself been released on bail. The Supreme Court examined whether parity with a co-accused can be the sole reason for granting bail, particularly in cases involving serious offences such as murder.

The Supreme Court held that while bail is the rule and jail is the exception, this principle does not permit a court to grant bail without due regard to the circumstances of the alleged offence. An order granting bail must reflect proper application of mind and assessment of relevant factors, and mere parity with a co-accused cannot be the sole or mechanical basis for granting bail, especially in cases involving grave charges such as murder. It was further noted that the co-accused Suresh Pal's bail had already been set aside by the Supreme Court in Criminal Appeal No. 1200 of 2025, and the bail of the third accused Aditya had also been rejected by the High Court.

The Supreme Court emphasized that courts must consider multiple relevant factors while deciding bail applications, including the nature and gravity of the offence, the antecedents of the accused, the role attributed to each accused, and the likelihood of fleeing justice or tampering with evidence. The impugned order granting bail to Rajveer was found to be bereft of proper reasoning and contrary to settled principles of law governing bail jurisprudence.

Catchwords: bail parity with co-accused murder application of mind bail jurisprudence cancellation of bail special leave petition Indian Penal Code unlawful assembly rioting criminal appeal