IMPORTANT POINT
The principle of parity in bail applications mandates that if one co-accused is granted bail, others should not be denied without clear justification, emphasizing judicial discipline and personal liberty.

O R D E R

This Bail Application is Bharatiya Nagarik Suraksha Sanhita (BNSS).

2. Principles of Judicial Discipline while passing orders applies not only to Constitutional Courts, but to the Sessions courts and Magistrate courts also. If a bail application of one of the accused is allowed and if any bail application is the co-accused in the same crime, unless there are su reasons, the bail application of the co-accused shall not be dismissed. Of course, if the allegation against the accused released on bail is less serious compared to the involvement of the other accused, a distinction can be made. But, the Court concerned should give reason while rejecting bail of the co-accused in the same crime, if one of the accused is released on bail. The principle of parity is based on the guarantee of positive equality before law enshrined in Article 14 of the Constitution of India.

3. Petitioner herein is the 8 ^th accused in Crime No.449/2024 of Vellayil Police Station. The above case is registered against the petitioner and others, alleging o punishable under Sections 126(2), 115(2), 118(1), 118(2), 324(4) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short BNS).

4. The prosecution case is that, on 18.10.2024, between 10:00 pm and 10:30 pm., at Puthiyangadi Bhat Road, at Kozhikode, around 15 identi prosecution of their common intention, wrongfully restrained the informant and his relative Vishnu. It is alleged that the assailants assaulted them with their hands and hit them with the key of the scooter and thereby the informant sustained grievous injuries. It is further alleged that the accused damaged the car of the informant as well and took away the Vivo phone of the informant. Thus, it is alleged that the accused committed the accused committed the offence.

5. Heard counsel for the petitioner and the Public Prosecutor.

6. The counsel for the petitioner submitted that the accused Nos.1 to 3 in the above crime are already released on bail under Section 482 OF BNSS by the Additional Sessions Court-III, Kozhikode, as per the Annexure 2 order. It is also submitted that, as per the Annexure 3 order, another accused was also released on bail under Section 482 of BNSS. It is submitted that the petitioner is the 8 ^th accused. His bail application is dismissed as per the Annexure 4 order by the Principal Sessions Judge, without assigning any reason.

7. The Public Prosecutor opposed the bail application.The Public Prosecutor submitted that serious allegations are there against the petitioner also. But, the Public Prosecutor conceded that the other accused were already released on bail as per Annexures 2 and 3 orders. It is also submitted by the prosecutor that, compared to the allegations against the accused, who were granted bail as per Annexures 2 and 3 orders, the allegations against the petitioner, who is the 8 ^th accused are less.

8. This Court considered the contention of the petitioner and the Public Prosecutor. While considering the bail applications by the Sessions Court and the Magistrate Court, speci Prosecutor concerned to application was considered, and whether their bail application was rejected or dismissed. If the bail application of a co- accused is rejected, the bail application of another co-accused can be allowed, only if the allegation against that co-accused whose bail application is rejected, is more serious, compared to the allegation against the co-accused, whose bail application is allowed. Similarly, if a bail application of an accused in a crime is allowed and the bail application of another co-accused comes up for consideration before the Sessions Court or the Magistrate Court and if the court wants to reject the bail application, su mentioned to the e accused whose bail is granted, is less, compared to the allegation against the co-accused, whose bail application is going to be rejected. This type of cl