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Sunil @ Bhoora vs. The State (NCT of Delhi) & Anr.

Bail Application · 2026:DHC:8402Decided 28 Sept 2026New Delhi Bench
BAIL APPLN. 1272/2026CNR: DLHC010132052026
Justice Girish Kathpalia

Background

The petitioner sought regular bail in FIR No. 50/2019 (PS Narela Industrial Area) for offences under Sections 302/120B/34 IPC and 25/27/54/59 of the Arms Act. The allegation was that the petitioner, along with a co-accused, fired gunshots from a moving car that turned out to be fatal to the deceased. The petitioner had been in custody since 17.02.2019, and out of 44 prosecution witnesses, only 7 had been examined by the time of this application.

Decision Breakdown

The Court noted that a co-accused, Sukhvinder, who had been attributed an identical role in the same incident, had already been granted bail, and neither the State nor the family of the deceased had challenged that bail order. The prosecution and the deceased's family, while emphasizing the brutality of the crime, did not dispute the similarity of roles between the petitioner and the already-bailed co-accused. Applying the principle of parity, that similarly-placed co-accused should generally receive similar treatment, the Court allowed the bail application, directing release on a personal bond of Rs. 20,000 with one surety of like amount.

Lesson Learnt

When a co-accused with an identical role in the same case has already been granted bail and that order has gone unchallenged, courts will generally extend the same relief to similarly-placed accused persons under the principle of parity: prolonged pre-trial custody with slow-moving trials makes this especially relevant.

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