Parity cannot be the sole ground for granting bail even at the stage when the bail application of a co-Accused is allowed. The Court has to satisfy itself that, on consideration of more materials placed, further developments in the investigations and other different considerations, there are sufficient grounds for releasing the applicant on bail. In deciding the aspect of parity, the role attached to the Accused persons, their position in relation to the incident and to the victims is of utmost importance. Court cannot proceed on the basis of parity on a simplistic assessment, which again cannot pass muster under the law. {Para 30}
14. What flows from the above judgments, which have been referred to, only to the limited extent indicated above, is that the High Courts speak in one voice that parity is not the sole ground on which bail can be granted. That, undoubtedly, is the correct position in law. The word 'parity' is defined by the Cambridge Dictionary as "equality, especially of pay or position."3 When weighing an application on parity, it is 'position' that is the clincher. The requirement of 'position' is not met only by involvement in the same offence. Position means what the person whose application is being weighed, his position in crime, i.e., his role etc. There can be different roles played - someone part of a large group, intending to intimidate; an instigator of violence; someone who throws hands at the other side, instigated by such words spoken by another, someone who fired a weapon or swung a machete - parity of these people will be with those who have performed similar acts, and not with someone who was part of the group to intimidate the other by the sheer size of the gathering, with another who attempted to hack away at the opposer's limbs with a weapon.
15. In this case, the Respondent-Accused was the instigator of the moment, asking Accused Aditya to shoot Sonveer. Suresh Pal, was a member of the mob yielding a weapon, as per the FIR. He had been the original conveyor of the threat at the time of the original altercation/ verbal spat. The roles of these two people at the time of the shooting of the deceased cannot be said to be the same, even though they may be holding a common intention of causing harm to the other side. In that view of the matter, consideration of bail, on parity, is misplaced. That apart, there remains no parity to be weighed since Suresh Pal, too, we assume, as a consequence of our order, is behind bars.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 5074 of 2025
Decided On: 28.11.2025
Sagar Vs. State of U.P. and Ors.
Hon'ble Judges/Coram:
Sanjay Karol and N. Kotiswar Singh, JJ.
Author: Sanjay Karol, J.
