Rule of consistency is a rule under which an accused seeks bail from the court alleging that on the basis of grant of bail to the co-accused, equal treatment shall be extended to him on the basis of consistency and equality.
The concept of "bail allowed by rule of consistency" typically refers to the legal principle that individuals in similar circumstances should be treated similarly, especially in judicial matters. This principle aims to ensure fairness and equality in the application of laws, including bail decisions.
In the context of bail, the rule of consistency would imply that if two individuals are charged with similar offenses and have comparable backgrounds, the bail conditions set for them should be similar. Courts usually consider several factors when determining bail, such as:
Nature and seriousness of the offense
Evidence against the accused
Accused's criminal history
Likelihood of the accused appearing in court
Potential threat to the community
If two defendants meet these criteria in a similar way, the rule of consistency would suggest that their bail conditions should be comparable to ensure fair treatment.
However, the specific application of this principle can vary based on jurisdiction and the discretion of the judge. Judges have considerable leeway in setting bail, and while the rule of consistency aims to promote fairness, each case is unique and may warrant different bail conditions.
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