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Issues:
- Second bail application filed by Applicant Shobha Ram in a case under Sections 302/307/452, I.P.C. - Grounds for the second bail application based on parity with a co-accused who was granted bail. - Argument regarding the rejection of bail application of another co-accused not being brought to the notice of the court. - Precedents and legal principles related to granting bail based on parity. - Consideration of the principle of parity in bail applications. Detailed Analysis: 1. The judgment deals with a second bail application filed by Applicant Shobha Ram in a case involving serious charges under Sections 302/307/452, I.P.C. The first bail application by the applicant and another co-accused was previously rejected by the court on merits. The present application is based on the argument of parity with a co-accused who was granted bail after the rejection of the first application. 2. The applicant's contention is that since a co-accused, Chandra Pal, was granted bail by a different judge after the rejection of the first bail application, the principle of parity should apply, and the applicant should also be granted bail. However, the State and complainant argue that the rejection of another co-accused's bail application by a different judge was not brought to the notice of the court that granted bail to Chandra Pal. 3. The State and complainant assert that the ground of parity should not apply in this case as the rejection of bail of another co-accused was not disclosed during the bail hearing of Chandra Pal. The applicant's counsel argues that there should be no parity in the rejection of bail applications, and the applicant's case is similar to the co-accused who was granted bail. 4. The judgment refers to various precedents where second bail applications were allowed based on the principle of parity when a co-accused was granted bail after the rejection of the first application. The court considers previous cases where bail was granted solely on the ground of parity, emphasizing that the decision should be based on the merits of the case and similarity with the co-accused who was granted bail. 5. Legal principles related to granting bail based on parity are discussed, citing cases where bail was allowed on grounds of similarity with co-accused who were granted bail in similar circumstances. The court also considers decisions where the claim of parity was rejected due to lack of disclosure about the rejection of bail applications of other co-accused. 6. Ultimately, the court finds merit in the applicant's argument regarding the principle of parity and grants bail to Shobha Ram based on similar circumstances with the co-accused who was previously granted bail. The court orders the release of the applicant on bail upon fulfilling the necessary conditions set by the Chief Judicial Magistrate. This detailed analysis of the judgment highlights the issues, arguments presented, legal precedents considered, and the ultimate decision to grant bail based on the principle of parity in similar cases.
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