Accused entitled to bail on principle of parity absent any distinguishing features from co-accused.

The applicant filed his first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) following his arrest on April 30, 2024

The prosecution case arises from the death of the applicant's wife, who allegedly fell from the roof of her house on the night of April 7–08, 2024, and died during treatment on April 27, 2024

The deceased's family alleged she was subjected to cruelty and dowry harassment since her marriage in November 2022 and was pushed from the roof by the applicant and his family

Consequently, an FIR was registered under Sections 302, 304-B, 498-A, and 34 of the Indian Penal Code (IPC)

The applicant sought bail primarily on the ground of parity with co-accused Devkinandan Kushwaha, who was granted bail by the Supreme Court on February 25, 2026

Whether the applicant is entitled to the grant of bail based on the principle of parity with a co-accused who has been enlarged on bail by the Supreme Court in the same crime

The court primarily applied Section 483 of the BNSS, which governs the power of the High Court to grant bail

Substantively, the case involved Sections 302, 304-B, 498-A, and 34 of the IPC regarding murder, dowry death, and cruelty

The court relied on the Principle of Parity, which dictates that if a similarly situated co-accused has been granted bail, the same benefit should be extended to the applicant unless distinguishing features exist

The Court compared the applicant's role and circumstances with those of the co-accused, Devkinandan Kushwaha, who was granted bail by the Supreme Court in SLP (Criminal) No. 928/2026

It noted that the State counsel did not dispute that the applicant’s case stood on an identical footing to that of the co-accused

The Court found no "distinguishing feature" pointed out by the prosecution that would warrant a different treatment for the applicant

Furthermore, the Court observed that the material on record did not suggest a risk of the applicant fleeing from justice

By applying the rule of parity and considering the period of incarceration, the Court determined that the applicant was entitled to relief

The holding was based on the principle of parity with the co-accused

The release is subject to several conditions, including cooperation with the trial, a prohibition against threatening witnesses, and a mandate not to leave the country without the trial court’s permission

Any violation of these conditions or the commission of another offence would lead to the automatic cancellation of bail