Calcutta High Court affirms existing parity principle, granting bail by aligning with earlier order—binding authority for similar bail applications
Summary
| Category | Data |
|---|---|
| Case Name |
CRM(M) 1062 of 2025 of CHANDRIKA YADAV @ CHANDRIKA JADAB Vs STATE OF WEST BENGAL CNR WBCHCA0317532025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | HON’BLE JUSTICE SUVRA GHOSH |
| Court | Calcutta High Court |
| Bench | Single Judge |
| Type of Law | Criminal Procedure (Bail) |
| Questions of Law | Whether parity with co-accused who obtained bail justifies grant of bail to another accused under Section 439 CrPC (and Section 483 BNS 2023). |
| Ratio Decidendi | The High Court held that when a co-accused in identical circumstances has been granted bail, parity demands that the same benefit be extended to similarly placed accused. The State’s non-opposition to parity further reinforces this principle. |
| Facts as Summarised by the Court | Bail application under Section 439 CrPC/Section 483 BNS 2023 in connection with Ratua PS Case No. 670/2023 (Sections 448/325/326/302/120B/34 IPC). Co-accused Sadananda Yadav had earlier been granted bail by this Court. |
Practical Impact
| Category | Impact |
|---|---|
| ✔ Precedent Followed | Affirms the established parity principle in bail applications. |
What’s New / What Lawyers Should Note
- Reaffirms that when one co-accused secures bail, similarly placed co-accused are entitled to the same relief under Section 439 CrPC.
- Highlights that the State’s concession on parity is sufficient to grant bail where circumstances of co-accused match.
- Lawyers can rely on this authority to press parity claims in bail petitions without requiring fresh considerations of individual merits.
Summary of Legal Reasoning
- The petitioner’s circumstances were found identical to those of co-accused Sadananda Yadav, who had already obtained bail.
- The State did not oppose extension of parity—this concession reinforced the application of the parity principle.
- In exercise of inherent powers under Section 439 CrPC, bail was allowed on same terms as earlier order.
Arguments by the Parties
Petitioner
- The petitioner is identically situated with co-accused Sadananda Yadav who was granted bail.
- Denial of bail to one while granting to another in identical facts amounts to arbitrariness.
State
- Did not oppose grant of parity-based bail.
Factual Background
Chandrika Yadav @ Chandrika Jadab filed a bail application under Section 439 CrPC read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita 2023 in connection with Ratua Police Station Case No. 670 of 2023 (FIR dated 01-12-2023) under Sections 448, 325, 326, 302, 120B, 34 IPC. A co-accused, Sadananda Yadav, had earlier been granted bail by the Calcutta High Court. The petitioner sought identical bail terms; the State did not oppose parity.
Statutory Analysis
- Section 439 CrPC (High Court’s power to grant bail) applied to extend the benefit on parity.
- Section 483 BNS 2023 invoked in support of inherent powers analogous to CrPC provisions.
Alert Indicators
- ✔ Precedent Followed – Existing parity-in-bail principle affirmed.