Sagar v. State of UP & Anr.; 2025 INSC 1370 - CrPC/BNSS -Bail - Parity Ground
Code of Criminal Procedure 1973 - Section 439 : Bharatiya Nagarik Suraksha Sanhita 2023 -Section 483- Bail - Parity is focused on the role played by the accused and not the thread of the same offence being the only common factor between the accused persons (Para 12) - Parity is not the sole ground on which bail can be granted. The word ‘parity’ is defined by the Cambridge Dictionary as “equality, especially of pay or position.” When weighing an application on parity, it is ‘position’ that is the clincher. The requirement of ‘position’ is not met only by involvement in the same offence. Position means what the person whose application is being weighed, his position in crime, i.e., his role etc. There can be different roles played - someone part of a large group, intending to intimidate; an instigator of violence; someone who throws hands at the other side, instigated by such words spoken by another, someone who fired a weapon or swung a machete - parity of these people will be with those who have performed similar acts, and not with someone who was part of the group to intimidate the other by the sheer size of the gathering, with another who attempted to hack away at the opposer’s limbs with a weapon. (Para 14)
Case Info
Case Details
- Case name: Sagar v. State of UP & Anr.
- Neutral citation: 2025 INSC 1370
- Coram: Justice Sanjay Karol; Justice Nongmeikapam Kotiswar Singh
- Judgment date: November 28, 2025
- Appeal numbers: Criminal Appeal Nos. of 2025 (@ SLP (Crl) Nos. 8865-8866 of 2025)
- Jurisdiction: Supreme Court of India, Criminal Appellate Jurisdiction
Statutes / Laws Referred
- Indian Penal Code, 1860: Sections 147, 148, 149, 302, 506
Case Laws and Citations Referred
- Nanha Putra Nabha Khan v. State of Uttar Pradesh, 1993 Criminal Law Journal 938
- Paras Ram Bishnoi v. Director, CBI, MANU/SCOR/22410/2021
- Satender Kumar Antil v. CBI & Ors., 2022 INSC 690; also referenced as (2022) 10 SCC 51
- Ashok Dhankad v. State of NCT of Delhi & Anr., 2025 SCC OnLine SC 1690
- Y v. State of Rajasthan; Jaibunisha v. Meherban; Bhagwan Singh v. Dilip Kumar @ Deepu (cited as principles; specific citations not provided in text)
- Ramesh Bhavan Rathod v. Vishanbhai Hirabhai Makwana (Koli), (2021) 6 SCC 230
- Tarun Kumar v. Assistant Director, Directorate of Enforcement, 2023 SCC OnLine SC 1486
- Sabita Paul v. State of West Bengal & Anr., 2024 SCC OnLine SC 374
- Nanha v. State of U.P., 1992 SCC OnLine All 871
- Harbhajan Singh v. State, 2016 SCC OnLine Del 4920
- Abhay Gupta v. State of H.P., 2016 SCC OnLine HP 1758
- Shri Narayanaswamy v. State of Karnataka, 2017 SCC OnLine Kar 1066
- Neeraj @ Vikky Sharma v. State of M.P., 2019 SCC OnLine MP 7023
- Pradeep v. State (Govt. NCT of Delhi), 2023 SCC OnLine Del 4307
- Subires Bhattacharya v. CBI, 2024 SCC OnLine Cal 11889
- Manish Sisodia v. CBI, (2024) 12 SCC 691
- Brijmani Devi v. Pappu Kumar & Anr., (2022) 4 SCC 497
Parity is not the sole ground on which bail can be granted.#SupremeCourt https://t.co/HnFUVKOSDV pic.twitter.com/nH2Vz4ObpV
— CiteCase 🇮🇳 (@CiteCase) November 29, 2025