Parity in bail matters requires consistent treatment of similarly placed accused, and refusal cannot disregard the bail principle.

Parity in bail matters requires courts to consider similarly placed co-accused, and the settled principle that bail is the rule and jail is the exception cannot be treated as outdated. The text notes that the complaint was lodged after a substantial delay, investigation was complete, and the charge-sheet had been filed, while the applicant was not shown to have a direct role beyond an allegation of accompanying the main accused. As co-accused with similar roles had already obtained bail, the refusal order was held contrary to law and judicial discipline, and regular bail was granted on terms and conditions.

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Issues: Whether the applicant was entitled to regular bail under Section 439 of the Code of Criminal Procedure, 1973, and whether the order of the Sessions Judge refusing bail on the grounds of parity and by treating the principle that bail is the rule and jail is the exception as outdated was sustainable.

Analysis: The complaint was lodged after a substantial delay, investigation was complete, charge-sheet had been filed, and the material on record showed no direct role attributable to the applicant apart from an allegation of accompanying the main accused. The record also showed that the complainant had earlier raised complaints about threats from her family, had registered her marriage, and had opportunity to disclose her grievance earlier. Co-accused with similar roles had already been granted anticipatory and regular bail. The rejection order of the Sessions Judge declined to apply parity and made an impermissible observation that the settled principle that bail is a rule and jail is an exception was outdated, which was held to be contrary to law and judicial discipline.

Conclusion: The refusal of bail was held illegal and set aside, and the applicant was granted regular bail on terms and conditions.

Final Conclusion: The applicant was held entitled to the benefit of parity and enlargement on bail, and the impugned refusal order was quashed.

Ratio Decidendi: In bail matters, parity with similarly placed co-accused must be considered by the court, and the settled principle that bail is the rule and jail is the exception cannot be disregarded as outdated.

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