Grant of Bail for Cattle Theft Under BNS and Allegations of Organized Crime Syndicate Involvement

The applicants filed first bail applications under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The prosecution alleged that on the night of November 26, 2025, the applicants, acting as an organized criminal syndicate, stole two cows belonging to complainant Parmanand Tiwari from Ambikapur.

The cattle were allegedly transported in a Scorpio vehicle to markets in Jharkhand for sale.

Upon arrest, police recovered the stolen cattle, vehicles, and sale proceeds based on the applicants' memorandums.

The applicants have been in custody since January 6, 2025/2026.

Whether the applicants are entitled to regular bail considering their period of detention, the filing of the charge sheet, and their specific criminal antecedents under the new penal framework.

The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, governing the High Court's power to grant bail.

The substantive charges were under Section 303(2) (theft) and Section 111 (organized crime) of the Bharatiya Nyaya Sanhita (BNS).

Penal procedures regarding non-appearance and breach of bail conditions were noted under Section 269 (non-appearance in response to proclamation) and Section 209 (non-attendance in obedience to an order from public servant) of the BNS, along with Section 84 of the BNSS regarding proclamation for person absconding.

The Court weighed the gravity of the organized cattle theft against the applicants' period of detention and the status of the investigation.

While the State opposed bail citing the recovery of incriminating materials and the applicants' prior criminal records—specifically noting Shoyeb had three antecedents, Ajhar Khan had four, and others had one or two each—the Court observed that a significant portion of these records were related to Crime No. 14/2026, for which the Court had granted bail to the same applicants on the same day.

The Court determined that since the charge sheet had been filed and the trial would take time, and given the "stale" nature of older records (e.g., Shoyeb's 2019 case), the applicants were entitled to liberty subject to stringent conditions to prevent the abuse of bail.

The Court ordered the release of Shoyeb @ Shoib, Takir Khan, Raifaz, Adam Shah, and Ajhar Khan upon furnishing personal bonds and sureties (two local sureties for Takir Khan; two sureties each for the others) contingent upon strict conditions including presence at critical trial stages and facing immediate proceedings under Sections 209 and 269 of the BNS and Section 84 of the BNSS in case of default.