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2026 Supreme(Online)(Chh) 25670

HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ
Ajay Goswami – Appellant
Versus
State Of Chhattisgarh – Respondent
MCRC No. 5933 of 2026



Advocates:
For the Appellants/Petitioners: Sushil Dubey
For the Respondents: Jitendra Shrivastava

The court granted regular bail based on the principle of parity with co-accused, the filing of the charge sheet, and the absence of criminal antecedents, noting that the trial is likely to take time.

Headnote:(A) Bail - Regular Bail - Parity - Where the charge sheet has already been submitted, the applicant has no criminal antecedents, and similarly situated co-accused have been released on bail, the applicant is entitled to be released on bail. (Para 6)

Issues: Whether the applicant is entitled to regular bail based on parity with co-accused and the completion of the investigation (filing of charge sheet).

Order on Board

1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.170/2025 registered at Police Station Tamnar District Raigarh (C.G.) for the offence under Sections 309(4), 309(6) & 310(2) of the BNS.

Digitally signed by KRISHNA KRISHNA KUMAR KUMAR BARVE BARVE Date: 2026.08.05 16:04:56 +0530

2. The prosecution case, in brief, is that on 18.08.2025, complainant Sanjay Patel lodged a written complaint at Police Outpost- Tamanar stating that he had purchased 4 trailer vehicles bearing registration numbers C.G.-12-BQ-0369, C.G.-12-BQ-0371, C.G.- 12-BQ-0372, and C.G.-12-BQ-0373 in an auction from SBI Branch Korba in May 2025 and he was operating them through drivers under Sugoi Transport from 4/6 Gare Pelma Mines to DCPP. The vehicles had not yet been transferred in his name and were still registered in the name of the previous owner, Aman Goswami. In the night of 17.08.2025 at about 11:30 to 18.08.2025 at about 02:45 hours, Accused Aman Goswami along with others co- accused persons came and tried to forcefully take away the aforesaid vehicles' possession from the drivers and had taken away the vehicles. On the basis of the aforesaid report, a case was registered at Police Station-Tamanar as Crime No.170/2025 against accused Aman Goswami and others under Sections 309(4) and 309(6) of the Bharatiya Nyaya Sanhita and during investigation, since it was found that accused persons Narad Goswami, Aman Goswami, Jitendra Giri, Manish Prakash Kewat, Lekhram Kewat, Ramratan Patel, and Kunjaram Patel, along with co- accused persons had jointly committed the offence, section 310(2) of the Bharatiya Nyaya Sanhita was added. Hence the bail application.

3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. Similarly situated co-accused persons have already been released on bail vide order dated 31.10.2025 passed in MCRC Nos.7690/2025 & 8560/2025. The applicant does not have any criminal antecedent. The applicant is in jail since 3.6.2026. Therefore, the applicant may be released on bail.

4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant does not have any criminal antecedent, and the charge sheet has been submitted against the applicant.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Taking into consideration the facts and circumstances of the case, and the fact that the charge sheet has already been submitted against the applicant, similarly situated co-accused persons have already been released on bail by this Court vide order dated 31.10.2025 passed in MCRC Nos.7690/2025 & 8560/2025, the applicant does not have any criminal antecedent and he is in jail since 3.6.2026 and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case.

7. Let the Applicant – Ajay Goswami, involved in Crime No.170/2025 registered at Police Station Tamnar District Raigarh (C.G.) for the offence under Sections 309(4), 309(6) & 310(2) of the BNS, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the t

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