Chhattisgarh High CourtCriminal LawCriminal Procedure and Evidence

After Two Co-Accused Get Supreme Court Bail And Another Gets HC Bail, Chhattisgarh HC Grants Applicant Bail On Parity

SHUBHAM SAHUv.STATE OF CHHATTISGARH

After Two Co-Accused Get Supreme Court Bail And Another Gets HC Bail, Chhattisgarh HC Grants Applicant Bail On Parity. SHUBHAM SAHU vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
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In brief

The question

1. Whether subsequent bail orders in favour of similarly situated co-accused constituted a sufficient changed circumstance to warrant consideration of the applicant’s second bail application

The court held

The Court allowed the second bail application.

It also directed

The Court directed the applicant’s release on bail upon executing a personal bond of ₹50,000 with one surety for the like amount, to the satisfaction of the trial Court.

Bail was subject to conditions prohibiting interference with witnesses or the fair and expeditious trial, and requiring the applicant to attend each hearing until disposal of the trial.

01Facts

The applicant was arrested on 21 December 2025 in connection with Crime No. 157/2025, registered at Police Station Rakhi, for alleged offences under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

¶ 1

The prosecution alleged that he assisted a co-accused in connection with suspicious bank transactions; his alleged involvement emerged from the co-accused’s memorandum statement.

¶ 1–5

After the charge-sheet was filed, the applicant’s first bail application was rejected on merits on 16 June 2026.

¶ 1–5

In this second application, he relied on subsequent bail orders granted to co-accused Pravin Soni and Abdul Hidayat Khan by the Supreme Court, and to co-accused Rupesh Sinha by the High Court, as well as his student status.

¶ 1–5

02Issues

i.1. Whether subsequent bail orders in favour of similarly situated co-accused constituted a sufficient changed circumstance to warrant consideration of the applicant’s second bail application

¶ 2, 4, 7

ii.2. Whether the applicant was entitled to regular bail on the ground of parity

¶ 4–7

03Law Applied

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governs the High Court’s power to grant regular bail.

¶ 1

The Court applied the principle of parity, under which bail may be granted where an applicant is similarly situated to co-accused who have been granted bail, subject to consideration of the case’s facts and circumstances, the nature and gravity of the alleged offence, and the available material.

¶ 7

The offences alleged were under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

¶ 1

Provisions in the judgment · 4 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483

Bharatiya Nyaya Sanhita, 2023 Section 317Section 111Section 3

04Reasoning

Although the applicant’s earlier bail application had been rejected on merits, the Court considered the subsequent bail orders in favour of the co-accused: the Supreme Court had granted bail to Pravin Soni and Abdul Hidayat Khan, and the High Court had granted bail to Rupesh Sinha.

¶ 5–7

The State did not dispute those orders.

¶ 5–7

Having considered the case diary, the nature and gravity of the allegations, and the co-accused’s bail outcomes, the Court found the applicant entitled to parity.

¶ 5–7

It granted bail without expressing any further opinion on the merits.

¶ 5–7

05Holding

The Court allowed the second bail application.

¶ 8

The Court directed the applicant’s release on bail upon executing a personal bond of ₹50,000 with one surety for the like amount, to the satisfaction of the trial Court.

¶ 8

Bail was subject to conditions prohibiting interference with witnesses or the fair and expeditious trial, and requiring the applicant to attend each hearing until disposal of the trial.

¶ 8
Chhattisgarh High Court

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SHUBHAM SAHUvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · November 03, 2026

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