01Facts
The applicant was arrested in connection with Crime No. 81/2026 registered at Police Station Gol Bazar, Raipur, for offences under Sections 296, 351(2), 119(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).
¶ 1The prosecution alleged that, on 2 May 2026, after the injured Shantanu Rai met with a minor accident involving a cycle-rickshaw, the applicant demanded ₹10,000 for settlement, abused and threatened him, and assaulted him with a helmet, causing a jaw fracture.
¶ 2The applicant was arrested on 3 May 2026 and remained in judicial custody. Investigation was completed and charge-sheet No. 90/2026 was filed before the trial court.
¶ 2The applicant denied involvement and claimed mistaken identity, asserting that another person, Shobhit @ Janu, had committed the assault.
¶ 3The State opposed bail on the ground that the applicant had three criminal antecedents.
¶ 4The applicant further relied on the grant of bail to similarly situated co-accused Shobhit Brahmankar in MCRC No. 6602 of 2026.
¶ 602Issues
i.Whether the applicant was entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of the allegations, his period of custody, completion of investigation and filing of the charge-sheet?
¶ 1, 2 and 6ii.Whether parity with the similarly situated co-accused who had already been granted bail justified the applicant’s release despite his previous criminal antecedents?
¶ 4 and 603Law Applied
The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the High Court’s power to grant regular bail.
¶ 1The alleged offences were under Sections 296, 351(2), 119(2) and 3(5) of the BNS, concerning the substantive allegations and common intention attributed to the applicant.
¶ 1 and 2In exercising bail discretion, the Court considered the nature and gravity of the allegations, the period of custody, completion of investigation, filing of the charge-sheet, the likely duration of trial, and the principle of parity with a similarly situated co-accused.
¶ 6Provisions in the judgment · 9 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483Section 84Section 351
Bharatiya Nyaya Sanhita, 2023 Section 296Section 351Section 119Section 3Section 269Section 209
04Reasoning
The Court considered that the investigation had concluded and the charge-sheet had already been filed, reducing the necessity for further custodial detention.
¶ 6It also took into account that the applicant had remained in custody since 3 May 2026 and that the trial was likely to take considerable time.
¶ 6Although the State relied on the applicant’s three criminal antecedents, the Court gave significance to the fact that the similarly situated co-accused, Shobhit Brahmankar, had already been granted bail.
¶ 6Balancing the nature and gravity of the allegations against the completed investigation, prolonged pre-trial custody and parity considerations, the Court held that the applicant was entitled to bail.
¶ 605Holding
The High Court allowed the bail application.
¶ 7The High Court directed that Bajrang Chauhan be released on bail upon furnishing a personal bond and two local sureties of like amount to the satisfaction of the concerned trial court.
¶ 7The release was subject to conditions requiring compliance with the trial schedule, no unnecessary adjournments when witnesses were present, appearance before the trial court, and personal appearance on the dates fixed for opening of the case, framing of charge and recording of the applicant’s statement.
¶ 7(i)–(iv)The Court further directed that a certified copy of the order be sent to the trial court for compliance.
¶ 8Original Court PDF
BAJRANG CHAUHANvsSTATE OF CHHATTISGARH
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