Chhattisgarh High Court

Grant of bail allowed for cattle theft and organized crime offences despite multiple criminal antecedents.

AJHAR KHAN @ AJHARUDDIN vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: April 22, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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. 2

The 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. 3

The prosecution further invoked organized crime provisions, alleging the applicants were members of a criminal syndicate

Source reference: para. 3

Charge sheets were filed, and items including cattle, vehicles, and sale proceeds were reportedly recovered

Source reference: para. 4-5

The applicants moved the High Court for regular bail under Section 483 of the BNSS

Source reference: para. 2
02

Issues

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 & 7
03

Law 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. 2

Substantively, the court considered Sections 303(2) (theft) and 111 (organized crime) of the Bharatiya Nyaya Sanhita (BNS)

Source reference: para. 2

The 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. 7
04

Reasoning

The Court evaluated the gravity of the organized cattle theft allegations against the personal liberty of the applicants

Source reference: para. 7

While 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, 7

The 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, 7

Crucially, 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. 7

Given 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, 7
05

Holding

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. 8

The 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. 8
Chhattisgarh High Court

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AJHAR KHAN @ AJHARUDDINvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · April 22, 2026

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