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.
¶ 1The 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.
¶ 1–5After the charge-sheet was filed, the applicant’s first bail application was rejected on merits on 16 June 2026.
¶ 1–5In 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.
¶ 1–502Issues
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, 7ii.2. Whether the applicant was entitled to regular bail on the ground of parity
¶ 4–703Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governs the High Court’s power to grant regular bail.
¶ 1The 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.
¶ 7The offences alleged were under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
¶ 1Provisions 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.
¶ 5–7The State did not dispute those orders.
¶ 5–7Having 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.
¶ 5–7It granted bail without expressing any further opinion on the merits.
¶ 5–705Holding
The Court allowed the second bail application.
¶ 8The 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.
¶ 8Bail 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.
¶ 8Original Court PDF
SHUBHAM SAHUvsSTATE OF CHHATTISGARH
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
