Chhattisgarh High Court

Bail granted to truck drivers based on parity with co-accused granted relief by Apex Court.

NEERAJ SAPEKAR vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: April 23, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The three applicants, all truck drivers, were arrested on 10.02.2026 in connection with Crime No. 14/2026

Source reference: para. 3, 5

The prosecution alleged that ten individuals were involved in the illegal transportation and hoarding of paddy from other states into Chhattisgarh for local consumption, in violation of Collector orders

Source reference: para. 2

During a checking operation on NH-53, authorities seized six trucks containing paddy valued at ₹1,46,90,800/-

Source reference: para. 2

The applicants sought regular bail, arguing parity with a co-accused, Vishnu Agrawal, who was granted relief by the Supreme Court

Source reference: para. 3
02

Issues

Whether the applicants are entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) based on the principle of parity and the duration of their incarceration.

Source reference: para. 1, 3, 5
03

Law Applied

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) regarding the power of the High Court to grant bail

Source reference: para. 1

Sections 3 and 7 of the Essential Commodities Act, 1955, which regulate the production, supply, and distribution of essential commodities

Source reference: para. 1, 2

The Court also referenced procedural penal provisions under the Bharatiya Nyaya Sanhita (BNS), specifically Sections 209, 269, and 84, to govern the conditions of the bail

Source reference: para. 6

The court relied on the principle of parity following the Supreme Court’s order in Special Leave to Appeal No. 4903/2026, which granted relief to a co-accused in the same crime

Source reference: para. 3, 5
04

Reasoning

The Court evaluated the application by focusing on two primary factors: parity and the period of detention.

Source reference: para. 3, 5

The Court observed that the primary co-accused, Vishnu Agrawal, whose anticipatory bail had initially been rejected by the High Court, was subsequently granted relief by the Hon’ble Apex Court on 23.03.2026

Source reference: para. 3, 5

Since the State counsel could not dispute that the case of the present applicants was similar to that of the co-accused who received relief, the Court determined that continued incarceration was unnecessary

Source reference: para. 4, 5

The Court balanced the grant of liberty with strict conditions to ensure the applicants' presence during trial and to prevent the abuse of bail

Source reference: para. 6
05

Holding

The High Court allowed the bail application, granting regular bail to Neeraj Sapekar, Krishna Kumar Dongarwar, and Arun Damahe

The Court ordered their release upon furnishing a personal bond with two local sureties each, contingent upon several conditions, including: (i) an undertaking not to seek unnecessary adjournments; (ii) mandatory presence on all trial dates unless excused; and (iii) strict compliance with Sections 209, 269, and 351 of the BNSS/BNS regarding court appearances and framing of charges

Source reference: para. 6
Chhattisgarh High Court

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NEERAJ SAPEKARvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · April 23, 2026

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