Facts
The applicants (Raifaz, Adam Shah, Ajhar Khan, Takir Khan, and Shoyeb) were arrested in connection with Crime No. 901/2025 at Police Station Kotwali Ambikapur for the alleged theft and illegal transportation of cattle
Source reference: para. 2The prosecution alleged that on November 26, 2025, the accused stole two cows belonging to the complainant by loading them into a Scorpio vehicle and selling them in Jharkhand
Source reference: para. 3The prosecution further invoked organized crime provisions, alleging the applicants were members of a criminal syndicate
Source reference: para. 3Charge sheets were filed, and items including cattle, vehicles, and sale proceeds were reportedly recovered
Source reference: para. 4-5The applicants moved the High Court for regular bail under Section 483 of the BNSS
Source reference: para. 2Issues
1. Whether the applicants are entitled to regular bail under Section 483 of the BNSS considering their period of detention and the nature of their criminal antecedents.
Source reference: para. 2 & 7Law Applied
The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant bail
Source reference: para. 2Substantively, the court considered Sections 303(2) (theft) and 111 (organized crime) of the Bharatiya Nyaya Sanhita (BNS)
Source reference: para. 2The court balanced the gravity of the offence against the period of detention and the principle that bail may be granted if previous criminal involvements are either "stale" or if the applicants have secured bail in concurrent related cases
Source reference: para. 7Reasoning
The Court evaluated the gravity of the organized cattle theft allegations against the personal liberty of the applicants
Source reference: para. 7While the State opposed bail citing the recovery of stolen property and multiple criminal antecedents, the Court noted that the applicants had been in custody since January 6, 2026
Source reference: para. 5, 7The Court specifically analysed the criminal history of each applicant: Shoyeb’s oldest case was from 2019 and deemed "stale"; Takir Khan and Raifaz had two and one antecedents respectively; and Ajhar Khan had four
Source reference: para. 4, 7Crucially, the Court observed that in the other pending matters (Crime No. 14/2026) which formed the basis of their criminal history, the applicants had already been granted bail by the same Court on the same day
Source reference: para. 7Given that the charge sheet was already filed and the trial was expected to take time, the Court found further detention unnecessary
Source reference: para. 4, 7Holding
The High Court allowed the bail applications.
The Court held that the applicants are entitled to be released on bail subject to furnishing personal bonds and sureties
Source reference: para. 8The relief was granted with specific conditions, including a prohibition on seeking unnecessary adjournments, compulsory attendance at trial stages (framing of charges and recording of statements), and a warning that any violation or absconding would trigger proceedings under Sections 209 and 269 of the BNS
Source reference: para. 8Original Court PDF
AJHAR KHAN @ AJHARUDDINvsSTATE OF CHHATTISGARH
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in