Role Attached To Accused Has To Be Considered While Deciding Bail Plea Citing Parity: Supreme Court

The Supreme Court observed that the role attached to the accused has to be considered while deciding the plea seeking bail on the ground of parity.The seriousness and gravity of the crime alleged has to be considered while granting bail to the accused, the bench of Justices DY Chandrachud and BV Nagarathna reiterated while setting aside a bail grant to a murder accused.The case relates to. The Supreme Court observed that the role attached to the accused has to be considered while deciding the plea seeking bail on the ground of parity. Thereafter, Rathore was also granted bail on the following grounds: custody for a period of two and a half years; Out of seventy-six witnesses only twenty-five have been examined; There was a delay in lodging the FIR; While the initial FSL report did not contain any reference to the use of the Ketamine, it was after four months that police had developed a case that Ketamine was administered to the deceased; and The co-accused had been enlarged on bail. The High Court has proceeded on the basis of parity on a simplistic assessment as noted above, which again cannot pass muster under the law," In this case, the court noted that the bail was granted to the co-accused primarily and substantially on the ground that she had a child of eleven months with her in jail.