Court Emphasizes Judicial Consistency in Bail Decisions, Seeks Explanation for Disparity from Lower Court
In a significant development, the Allahabad High Court has granted bail to Mohammad Rafiq, also known as Rafiqul Islam, in a case involving accusations of causing a knife injury. The judgment, delivered by Justice Vivek Kumar Singh, highlights the importance of judicial consistency, especially in bail decisions concerning similarly placed accused.
The case pertains to a criminal incident registered under various sections of the Bharatiya Nagarik Suraksha Sanhita, 2023, at the Sahibabad Police Station in Ghaziabad. Mohammad Rafiq was accused of inflicting a knife wound on the victim, Noshad, who sustained multiple injuries, most of which were deemed simple in nature. The court noted that the co-accused, Anshu, who played a similar role in the incident, had already been granted bail earlier this month.
During the proceedings, Rafiq's counsel, Azaz Ahmad, argued for his client's innocence, stating that Rafiq had been falsely implicated and highlighting his lack of any prior criminal history. Ahmad emphasized the nature of the injuries, which were largely simple, and underscored the judicial precedent set by the bail granted to co-accused Anshu.
The court agreed with the defense, citing the absence of criminal antecedents and the period of incarceration already served by Rafiq. The judgment also stressed the importance of maintaining judicial consistency, directing the Additional Sessions Judge, Ghaziabad, to provide an explanation for the perceived disparity in bail decisions between Rafiq and Anshu.
Justice Singh outlined specific conditions for Rafiq's bail, which include ensuring his participation in the trial and preventing any misuse of the liberty granted. The court made it clear that any breach of these conditions could result in the cancellation of bail.
The judgment further directs the Registrar (Compliance) to communicate with the concerned Additional Sessions Judge to seek a detailed explanation regarding the differential treatment in bail orders. The court is set to review this explanation in a subsequent hearing scheduled for July 13, 2026.
This decision underscores the judiciary's commitment to uniform application of legal principles, ensuring fairness and consistency in judicial processes.
Bottom line:-
Grant of bail - Applicant accused of causing knife injury - Nature of injury, role of co-accused, absence of criminal antecedents, and period of incarceration considered in granting bail. Judicial consistency emphasized in granting bail to similarly placed co-accused.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 109, 352, 351(2), 115(2), 191(2), 3(5), 229A IPC/ 269 B.N.S., 82 Cr.P.C./ 84 B.N.S.S., 174A IPC/ 209 B.N.S., 313 Cr.P.C./ 351 of B.N.S.S.
Mohammad Rafiq @ Rafiqul Islam v. State of U.P., (Allahabad) : Law Finder Doc id # 2931137
