The principle of parity in bail applications mandates that similarly situated accused should be treated equally unless there are significant differences in their cases.

Headnote:
[BAIL] - [CRIMINAL PROCEDURE] - The court granted bail under Section 439 of the Cr.P.C. after determining that the petitioner's case was similar to that of co-accused who had previously been granted bail. The court emphasized the importance of equal treatment in similar cases and found no substantial distinction in the circumstances of the petitioner compared to others who were released on bail, leading to the decision to allow the bail application.
Fact of the Case:

The petitioner, Shankar Lal, is in custody related to F.I.R. No. 10/2018 for serious offences under Section 370(4) of IPC and Section 6/17 of the Protection of Children From Sexual Offences Act, 2012. This is the third bail application filed by him.
Finding of the Court:

The court noted that the petitioner’s case is indistinguishable from that of co-accused who had been granted bail. The Public Prosecutor could not provide a valid distinction between the cases.
Issues: Whether the petitioner is entitled to bail given the circumstances of his case in relation to co-accused who have been granted bail.
Ratio Decidendi: The court applied the principle of parity in bail applications, determining that similar cases should be treated alike unless there are compelling reasons to differentiate.
Result: The court allowed the bail application, ordering the release of the petitioner on bail upon furnishing a personal bond and sureties.

JUDGMENT

Vinit Kumar Mathur, J. - The present third bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.10/2018, Police Station Phalsia, District Udaipur for the offences under Section 370(4) of IPC and Section 6/17 of Protection of Children From Sexual Offence Act, 2012.

2. Heard learned counsel for the parties. Perused the material available on record.

3. Learned counsel for the petitioner submits that the case of the present petitioner is not distinguishable from the co-accused Vijaypal who has been enlarged on bail by the co-ordinate Bench of this Court vide order dated 20.11.2021 and rather stands on better footing to the case of Sanjay Kumar who has been enlarged on bail. He, therefore, prays that the petitioner may be enlarged on bail.

4. The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused persons who have been enlarged on bail.

5. Having regard to the peculiar facts and circumstances of the case and the fact that case of the petitioner is identical to the co-accused who have been enlarged on bail by this Court, this Court deems it just and proper to release the petitioner on bail.

6. Consequently, the present third bail application filed under Section 439 of Cr.P.C. are allowed. It is ordered that the accused-petitioner ? Shankar Lal S/o Jeeva Ram Pargi arrested in connection with F.I.R. No. 10/2018, Police Station Phalsia, District Udaipur shall be released on bail provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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