Facts
The Applicants, comprising Directors and staff of Shubh Commercials (an authorized Isuzu dealership), sought anticipatory bail following the registration of Crime No. 74/2025
Source reference: para. 1-2The complainant alleged that in December 2022, he purchased an Isuzu Hi-Lander vehicle for Rs. 23,05,521, which was represented by the dealership as a new 2022 model
Source reference: para. 2It was later discovered that the vehicle was manufactured in 2021 and was allegedly a second-hand demo vehicle
Source reference: para. 2The Applicants were charged under the Bharatiya Nyaya Sanhita (BNS) for cheating and acting with common intention
Source reference: para. 1Issues
Whether the Applicants are entitled to the grant of anticipatory bail under the Bharatiya Nagarik Suraksha Sanhita (BNSS) based on the principle of parity with a co-accused and the nature of the allegations
Source reference: para. 3-5Law Applied
The Court primarily applied Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant anticipatory bail
Source reference: para. 1It further relied on the judicial principle of parity, which mandates similar treatment for similarly situated accused persons, referencing a prior order in M.Cr.C(A) No. 890/2025
Source reference: para. 3-5The substantive offences considered were Sections 318(4) (Cheating) and 3(5) (Joint Liability/Common Intention) of the Bharatiya Nyaya Sanhita (BNS), 2023
Source reference: para. 1Reasoning
The Court noted that the co-accused, Mohan Mandhan, had already been granted anticipatory bail by a coordinate bench on June 23, 2025
Source reference: para. 3Upon review, the Court found the present Applicants to be "identically situated" to the protected co-accused
Source reference: para. 5The Court weighed the fact that the State Counsel did not dispute the parity between the parties
Source reference: para. 4Additionally, the Court considered the procedural delay, noting that the trial was likely to consume a significant amount of time before conclusion
Source reference: para. 3Consequently, the Court determined that custodial interrogation was not necessitated under the circumstances
Source reference: para. 5Holding
The High Court allowed the anticipatory bail application
It directed that in the event of arrest, the Applicants be released upon executing a personal bond with one surety each
Source reference: para. 6The holding was made subject to five specific conditions: (a) no tampering with evidence or witnesses; (b) no prejudice to the trial; (c) mandatory appearance on all trial dates; (d) verification of Aadhaar and identity credentials by the trial court; and (e) a prohibition against committing similar offences in the future
Source reference: para. 6(a)-(e)Acts & Sections Cited
3 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20231
Bharatiya Nyaya Sanhita, 20232
Original Court PDF
KARAN MANDHANvsSTATE OF CHHATTISGARH
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