Chhattisgarh High Court

Grant of regular bail on the ground of parity despite six previous criminal antecedents.

Mo. Faijan v. State of Chhattisgarh [2026:CGHC:11466]

Chhattisgarh High CourtJUDGMENT: no citation2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant, Mo. Faijan, filed a first bail application following his arrest on December 7, 2025, in connection with Crime No. 527/2025 at Police Station Balod

Source reference: para. 1, 3

The prosecution alleged that two individuals approached the complainant, a political leader and journalist, under the guise of reporting illegal liquor sales.

Source reference: para. 2

Subsequently, the complainant’s vehicle was set on fire in his garage.

Source reference: para. 2

The applicant was implicated based on suspicion, despite the FIR being lodged against unknown persons.

Source reference: para. 3

Following the completion of the investigation, a charge-sheet was filed.

Source reference: para. 2

The applicant sought bail primarily on the grounds of parity with four co-accused persons who had already been granted bail by the High Court.

Source reference: para. 3
02

Issues

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) on the ground of parity and the stage of the trial.

Source reference: para. 3, 6
03

Law Applied

The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which governs the power of the High Court or Court of Session to grant bail.

Source reference: para. 1

The court relied on the principle of parity, which dictates that similarly situated accused persons in the same crime should be treated equally regarding the grant of bail.

Source reference: para. 3, 6

Additionally, the court considered Section 269 of the Bharatiya Nyaya Sanhita (BNS) regarding non-appearance before the court and Section 84 of the BNSS regarding proclamations for absconding persons.

Source reference: para. 7
04

Reasoning

The Court observed that the investigation was complete and the charge-sheet had already been filed.

Source reference: para. 6

While acknowledging the applicant’s six previous criminal antecedents, the Court noted that he had been acquitted in five of those cases, with only one currently pending.

Source reference: para. 3

The pivotal factor in the Court's reasoning was that the case of the present applicant was "identical" to that of the co-accused persons (Mamta Dadsena, Ashwani Kumar Dadsena, Abhishek Choure, and Aniket Meshram), all of whom had been granted bail by the same Court between January and February 2026.

Source reference: para. 3, 6

The State counsel did not dispute this identity of roles.

Source reference: para. 4

Consequently, given the duration of detention since December 2025 and the likely duration of the trial, the Court determined that the applicant met the criteria for release.

Source reference: para. 6
05

Holding

The Court allowed the bail application and ordered the release of the applicant upon furnishing a personal bond and two sureties.

The holding affirmed that the applicant was entitled to bail on the ground of parity.

Source reference: para. 6

The release was made subject to several conditions, including that the applicant must not seek unnecessary adjournments during evidence

Source reference: para. 7(i)

must appear personally for the framing of charges and recording of statements under Section 351 of the BNSS

Source reference: para. 7(iv)

and must comply with procedures under Section 209 of the BNS if bail conditions are breached.

Source reference: para. 7(iii)
Chhattisgarh High Court

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Mo. Faijan v. State of Chhattisgarh [2026:CGHC:11466]

Chhattisgarh High Court · no citation

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