Ghulaam Haider vs. State Of Chhattisgarh

MCRC/7040/2026HC ChhattisgarhGSTCNR CGHC01029465202603 August 2026Bench: HON'BLE THE CHIEF JUSTICE6 pages
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Facts

The applicants, Ghulaam Haider and Ghulaam Mohammed, proprietors of Masaudi Enterprises, were arrested in connection with Crime No. 79/2026 registered at Police Station Pusour, District Raigarh. The prosecution alleges that on March 13, 2026, two trucks carrying M.S. scrap material were intercepted. The drivers failed to produce valid invoices, stating the material was loaded from Masaudi Enterprises for delivery to Neeraj Agrawal of Mahamaya Steel. Discrepancies were found between the invoices and GST e-way bills presented by Neeraj Agrawal and the drivers' statements. The investigation purportedly revealed that the applicants manipulated GST e-way bills, causing revenue loss to the government. The applicants have been in judicial custody since April 25, 2026, and a charge-sheet has been filed.

Held

The Court granted bail to the applicants. The reasoning was based on several factors: the applicants' lack of criminal antecedents, the fact that a co-accused, Neeraj Agrawal, had already been granted anticipatory bail by a Division Bench of the High Court, the filing of the charge-sheet, the applicants' period of judicial custody since April 25, 2026, and the anticipated lengthy duration of the trial. The Court explicitly stated it was not expressing any opinion on the merits of the case but considered these factors sufficient to grant bail. The applicants were released on furnishing a personal bond with two local sureties, subject to several conditions regarding their presence during trial proceedings and adherence to court dates.

Key Issues

1. Whether the applicants are entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering their period of custody, the filing of the charge-sheet, and the fact that a co-accused has been granted anticipatory bail? Arguments for the Applicants: The applicants are innocent and falsely implicated. They have been in judicial custody since April 25, 2026, and have no criminal antecedents. A co-accused, Neeraj Agrawal, has already been granted anticipatory bail by this Court. The charge-sheet has been filed, and the trial is likely to take a considerable time. Therefore, they should be enlarged on bail. Arguments for the Respondent (State): The charge-sheet has been filed before the Competent Court.

Sections Cited

Section 483, Section 318, Section 317, Section 336, Section 338, Section 340, Section 61, Section 269, Section 84, Section 209, Section 351

AI-generated summary — verify with the full judgment below

1

CGHC010294652026

2026:CGHC:33843

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7040 of 2026 1 - Ghulaam Haider S/o Mohammed Islam Khan Aged About 26 Years (Wrongly Mentioned As 32 Years) R/o Nizami Chowk, Krishna Nagar, Supela, District- Durg (C.G.) Presently Residing At Office Of Masaudi Enterprises, Khutpalli, Thana- Bhedan District- Bargarh (Odisha) 2 - Ghulaam Mohammed S/o Mohammed Islam Khan (Wrongly Mentioned Mohammed Islam) Aged About 40 Years R/o Nizami Chowk, Krishna Nagar, Supela, District- Durg (C.G.) Presently Residing At Office Of Masaudi Enterprises, Khutpalli, Thana- Bhedan District- Bargarh (Odisha)

... Applicants Versus State Of Chhattisgarh Through- The Station House, Officer, Pusour, District- Raigarh (C.G.)

... Respondent(s) For Applicant(s) : Mr. Hari Agrawal, Advocate For Respondent(s) : Mr. Sangharh Pandey, Dy. G.A. SAURABH YADAV SAURABH YADAV Date: 2026.08.04 17:17:47 +0530

2 Hon'ble Shri

Ramesh Sinha

, Chief Justice

Order on Board 04.08.2026

1.

The applicants have preferred this First Bail Application

The judgment continues below.

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