Bharatiya Nagarik Suraksha Sanhita, 2023–Sec. 483(2) [Corresponding Sec. 439(2) of Cr.P.C., 1973]–Bharatiya Nyaya Sanhita, 2023–Sec. 103(1)–Grant of bail on the ground of parity–Justification–The role of the respondent-accused stands on the entirely different footing from the accused M whose bail was granted on compassionate and gender based consideration–Trial Court mechanically applied the principle of parity without examining the specific overt-act, thereby rendering the order perverse and reflective of non-application of mind to the material evidence on record–Application for cancellation of bail deserves to be allowed.
