Accused In Plot To Pose As ACB Officer And Demand Six Liquor Bottles And Cash Gets Bail On Parity: Chhattisgarh HC

In brief

The question

Whether the applicant was entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, having regard to the completion of the investigation and filing of the charge-sheet.

The court held

The High Court allowed the bail application.

It also directed

It directed release upon execution of a personal bond of ₹50,000 with one surety for the like amount, to the satisfaction of the trial Court.

The applicant was required not to threaten or influence persons acquainted with the facts, not to prejudice a fair and expeditious trial, and to attend every hearing until disposal of the trial.

01Facts

The complainant reported that an unknown caller, falsely claiming to be an Anti-Corruption Bureau officer, demanded liquor and cash and threatened to implicate him in a case if he refused.

¶ 1–4

The applicant and two co-accused were apprehended; their phones and other articles were seized, and call-detail and subscriber records were collected.

¶ 1–4

After investigation, the charge-sheet was filed.

¶ 1–4

The applicant sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, relying, among other things, on parity with the two co-accused who had been granted bail.

¶ 1–4

The State opposed bail, citing the seriousness of the allegations and the applicant’s criminal antecedent.

¶ 1–4

02Issues

i.Whether the applicant was entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, having regard to the completion of the investigation and filing of the charge-sheet.

¶ 1, 3, 6

ii.Whether the applicant was entitled to bail on the ground of parity with the co-accused who had already been granted bail, notwithstanding the State’s objection concerning the allegations and his criminal antecedent.

¶ 3–6

03Law Applied

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the High Court with power to grant bail.

¶ 1, 6

The Court considered the nature and gravity of the allegations, the period of custody, completion of investigation and filing of the charge-sheet, and parity with similarly situated co-accused.

¶ 1, 6

The alleged offences were under Sections 318(4), 319(2), 308(2), 61(2) and 62 of the Bharatiya Nyaya Sanhita, 2023.

¶ 1, 6

No specific precedent or further legal test was cited in the order.

¶ 1, 6

Provisions in the judgment · 6 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483

Bharatiya Nyaya Sanhita, 2023 Section 318 Section 319 Section 308 Section 61 Section 62

04Reasoning

The Court weighed the allegations and the applicant’s criminal antecedent against the fact that he had been in judicial custody since 28 July 2026 and that the investigation was complete and the charge-sheet filed.

¶ 4–6

It also noted that the two co-accused had already been granted bail and found the applicant similarly situated.

¶ 4–6

On that basis, the Court concluded that the applicant was entitled to bail on parity, despite the State’s opposition.

¶ 4–6

05Holding

The High Court allowed the bail application.

¶ 7

It directed release upon execution of a personal bond of ₹50,000 with one surety for the like amount, to the satisfaction of the trial Court.

¶ 7

The applicant was required not to threaten or influence persons acquainted with the facts, not to prejudice a fair and expeditious trial, and to attend every hearing until disposal of the trial.

¶ 7

LawLens.Chhattisgarh High Court

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