Application of the doctrine of parity in bail jurisprudence

dictates that where multiple co-accused persons face identical or substantially congruent roles in the commission of an alleged offense, disparate judicial treatment must be avoided to ensure fairness and equality before the law. If similarly situated co-accused individuals who were implicated on comparable grounds or charged under common vicarious liability provisions have already been extended the benefit of bail by a constitutional court, an applicant demonstrating identical standing is entitled to claim the benefit of parity. While parity is not an inflexible rule to be applied blindly without regard to individual culpability, criminal history, or specific overt acts, the court must articulate cogent and discernible distinctions if it chooses to deny bail to an accused while extending liberty to others facing indistinguishable allegations arising from the same first information report. (Usman Ali Vs State of Uttar Pradesh and Another | 2026 INSC 98)