The High Court of Judicature at Allahabad, Lucknow Bench, dismissed two connected applications for anticipatory bail arising from the same case.
The applicants sought parity with a coaccused who had earlier been granted interim protection. The Court accepted the submission that parity operates only where the role, conduct and evidentiary position of the accused are comparable. Where specific and graver acts are attributed to an applicant, and are supported by medical evidence, the applicant cannot invoke parity.
The decision follows the consistent view of the Supreme Court that parity is not a matter of mechanical equality between accused persons, but of comparable circumstances.
This note is for general information only and is not legal advice. For advice on a specific matter, please contact the firm.