Grant of Bail: Parity Principle Applied in Robbery Case

Headnote

The High Court of Delhi allowed the bail application of the accused/applicant, Neeraj, citing parity with a co-accused who had a similar role in a robbery case. The Court noted the absence of charges and previous involvement of the applicant, ordering his release on bail subject to stringent conditions.

Background

1. The petitioner, Neeraj, sought regular bail in FIR No. 636/2023 for robbery and related offences.
2. Arrested since 16.10.2023, charges have not yet been framed.
3. The main allegation involves Neeraj driving a motorcycle used in the robbery.

Court’s Observations

1. The role of Neeraj was as a driver; the actual gunman was a co-accused.
2. Co-accused Sagar was granted bail earlier, establishing a precedent.
3. Arguments regarding Neeraj’s past involvement were considered but not sufficient to deny bail.
4. Prosecution’s claims of recovery of stolen amounts were acknowledged but deemed comparable to Sagar’s situation.

Legal Provisions Discussed

1. Sections 120B, 395, 412, 397, and 34 IPC.