The Allahabad High Court has directed a Ghaziabad Additional Sessions Court to explain why it granted bail to one accused and denied the relief to his co-accused while both faced similar charges in a case of attempted murder.
A single-judge bench of Justice Vivek Kumar Singh stated that after denying bail to Mohammad Rafiq, alias Rafiqul Islam, on May 14, the Ghaziabad court granted the relief to his co-accused Anshu on June 9.
The high court also granted bail to Rafiq, who had approached it for the relief. He was subsequently released from jail.
Three others—Arun, Kuldeep, and Soni—were also arrested along with Rafiq and Anshu after they allegedly attacked and injured three people in the Sahibabad police station area in April.
“Since judicial consistency and uniform application of legal principles are matters of institutional importance, it is considered appropriate to seek an explanation from the concerned court/Additional Sessions Judge, Court No. 7, Ghaziabad, in respect of disparity committed by him while disposing bail application of aforesaid accused,” the bench said in its order.
“Additional Sessions Judge, Ghaziabad, is directed to furnish a detailed explanation, through Registrar General of this Court, within seven days from the receipt of this communication, indicating the distinguishing facts, circumstances, or legal consideration which weighed with the court in denying bail to the applicant-accused herein while granting bail to the similarly placed co-accused Anshu.”
“The explanation may specifically indicate the material factors which, in the considered opinion of the learned court, justified differential treatment in the orders passed,” the order added.
Meanwhile, the high court made clear that its order was being issued “for administrative purposes and, right now, shall not be construed as expressing any opinion on the merits of the judicial orders concerned”.
‘Both Rafiq and Anshu caused knife injuries’
According to the FIR, the five accused attacked Naushad, Irshad, and Deepak. Deepak sustained serious knife injuries in his chest and shoulder allegedly caused by Anshu and Rafiq, respectively.
The Ghaziabad judge observed in its May 14 order that the prosecution stated that Rafiq had played the main role in the attack and caused serious injuries to the complainant.
“There is no adequate basis to release the accused on bail in view of the facts and circumstances and seriousness of the crime,” the judge said, according to the high court order.
However, the Ghaziabad court said in its order granting bail to Anshu, “In the FIR, the accused (Anshu) has been held responsible for attacking Deepak with a knife with intention to kill him. Deepak, in his statement, has alleged Rafiq and Anshu had knives in their hands while Kuldeep, Arun and Soni attacked him with rod and sticks. The medical report of Deepak states he has an injury on the back side of his chest.”
It added, ”The accused (Anshu) has been lodged in jail in the case since May 12. Co-accused Soni, Arun Kumar and Kuldeep have been granted bail by this court on May 6, 14 and 22, respectively.”
Rafiq was lodged in jail on April 27.
In Anshu’s case, the Ghaziabad court stated that “there is enough basis to release the accused without making any comment on all the facts and circumstances”—a fact that Justice Singh also noted in his order.
The Allahabad High Court said its order should not be construed as an opinion on the merits of the trial court order. (File Photo) 
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