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Supreme Court of India· 19 August 2026

Does the grant of bail to a co-accused automatically entitle another accused facing the same case to bail on the ground of parity?

RAJENDRA PRASAD v. STATE OF GOA & ANR
2026 INSC 891
Coram: Dipankar Datta; Sheel Nagu
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Answer

No. Grant of bail to one accused does not, ipso facto, constitute a ground for granting bail to another accused; parity is not a mechanical mathematical formula and must be assessed based on the specific role attributed to each accused in the factual matrix.

Headnote

Indian Penal Code, 1860 — Sections 302, 201, 342, 120-B — bail — parity — prolonged incarceration — speedy trial — parity — role-specific assessment — Held: Grant of bail to one accused does not, ipso facto, constitute a ground for granting bail to another; parity is not a mechanical mathematical formula and must be assessed by reference to the specific role attributed to each accused in the factual matrix. (¶9–11) prolonged incarceration — not a stand-alone ground — speedy trial safeguarded — Held further: The mere fact of prolonged incarceration, or the likelihood that trial may not conclude within a reasonable period, does not by itself entitle an accused to bail where the offence is grave and there is a risk to witnesses; the right to a speedy trial was nonetheless safeguarded by directing accelerated recording of the testimony of specified sensitive witnesses within a year. (¶12–14)

In the Court's own words
Paragraph 9It is trite that grant of bail to one accused does not, ipso facto, constitute a ground for granting bail to another accused. Parity is not a mechanical mathematical formula; it must be assessed based on the specific role attributed to each accused in the factual matrix.
Paragraph 11Prima facie, the material on record reveals the prosecution case that the petitioner, with requisite intention, was the principal architect of the plan to eliminate the victim, and with the help of the other accused (two currently on bail and one still in custody) acted as facilitators in giving effect to that design. Petitioner’s specific role stands out and cannot be ignored. Lest the case of either party is prejudiced, we refrain from delving deep into the matter and making further observations at this stage. The specific submission based on parity is, therefore, considered and rejected.
Acts & Sections
Indian Penal Code, 1860

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Also decided in this judgment
Does prolonged incarceration of an accused during trial, by itself, entitle him to bail?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections