New Delhi. The Supreme Court has clarified that equality is not the only ground on which an accused can be granted bail in a criminal case.
Bail is the rule, jail is the principle of exception. The courts recognize this principle, but it does not mean that bail should be granted without any consideration. The relief of bail cannot be granted irrespective of the circumstances involved in the alleged offense for which the accused person has been arrested. The Supreme Court canceled the bail granted to an accused in a murder case by the Allahabad High Court. The High Court had granted this bail only on the basis that the co-accused had also been given relief. The top court said that the High Court erroneously granted bail only on the basis of equality, which it considered a direct use of the same. The purpose of similarity is to focus on the role of the accused, rather than whether the commission of the same crime was the only similarity between the accused. Equality is not the only ground on which bail can be granted, and that is the correct position in law. This order was given in the case of murder in a village in Uttar Pradesh, which took place due to a dispute between the villagers. In the case, one instigator of the accused was granted bail and the other co-accused was given this relief on an equal basis, which the Supreme Court held to be unfair. This judgment is an important guideline for the courts to consider the specific role, circumstances, and other relevant factors of the crime while granting bail and not grant relief merely on the basis of the bail granted to the co-accused.