Case Title: Manish v. the State of U.P
Analysing a CrPC principle that allows bail on parity i.e. applicant is usually granted bail if the co-accused in the same case has already been granted bail, the Allahabad High Court has made certain key observations. The Court observed that if bail is granted to similarly placed co-accused persons without assigning any reasons, then, on the basis of such bail orders, merely on the ground of parity, the bail application should not be allowed. It also emphasised on the fact that the Hon’ble Supreme Court has time and again mentioned the relevance and importance of citing clear reasons while accepting or rejecting a bail application. Hence, a bail order without any reason cannot be a precedent for invoking the principle of bail on parity.
The Court also referred to the recent ruling of Birjmani Devi v. Pappu Kumar and another wherein the Supreme Court has deprecated the practice to allow bail application without assigning any reason and observed in paragraph 38 as follows-
"38. Thus, while elaborating reasons may not be assigned for grant of bail, at the same time an order dehors reasoning or bereft of the relevant reasons cannot result in grant of bail. It would be only a non-speaking order which is an instance of violation of principles of natural justice. In such a case the prosecution or the informant has a right to assail the order before a higher forum."
The Court also referred to Sabir v. Bhura @ Nadeem and another wherein the Supreme Court while setting aside the bail orders granted by the High Court observed as follows: -
"Since we find that no reasons have been given in substance and there is only narration of facts in the orders impugned, we are of the opinion that the orders impugned deserve to be set aside."
Therefore, the Court while rejecting the bail application observed that it is apparent that parity cannot become the sole criteria to grant bail. If the bail is granted to similarly placed co-accused persons without assigning any reasons, then on the basis of such bail orders merely on the ground of parity, the bail application should not be allowed, and parity can only be persuasive in nature and cannot be binding.