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2025 DAILYLAW 37525 (CHH)

ROSHAN GUPTA v. STATE OF CHHATTISGARH

MCRC/6425/2025 · 2025-08-12

body2025

Judgment text

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1 2025:CGHC:40846 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6425 of 2025 Roshan Gupta S/o Jamuna Prasad Aged About 51 Years R/o Village- Tekanaka, Kamathi Road, Police Station- Jaripataka, Tahsil Nagpur, District- Nagpur (Maharastra). ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Janjgir, District Janjgir-Champa (C.G.) ... Non-applicant For Applicant : Mr. Paras Mani Shriwas, Advocate. For Non-Applicant/State : Mr. Swajeet Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.08.2025 1. This is the second 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. 698/2023 registered at Police Station Janjgir, District – Janjgir - Champa (C.G.), for the offence punishable under Sections 4, 6, 10 of the Chhattisgarh Agricultural Cattles Preservation Act, 2004, Section 11 of the Cruelty of Animals Act and Section 279 and 479 of the Indian Penal Code. 2. The earlier bail application of the applicant has been rejected by this Hon’ble Court vide order dated 12.02.2025 passed in MCRC No. 695 of ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.14 11:12:02 +0530 2 2025. 3. As per the brief prosecution story, on the date of the incident, the applicant was transporting 27 buffaloes in Vehicle/Truck No. C.G. 15 DG 9955 to a slaughterhouse. Due to the rash driving of the applicant, the said vehicle overturned near Pithampur Turning, resulting in the death of 10 buffaloes and injuries to 2 others. Thereafter, the police authorities seized the aforesaid vehicle. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that this is the second bail application of the present applicant, on the grounds that the co- accused, namely Sunesh Yadav, has already been granted bail by the learned trial Court. Further, 04 prosecution witnesses have been examined till date and have turned hostile. He also submits that the applicant is in jail since 24.12.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 5. Learned counsel appearing for the State/non-applicant would oppose the bail application of the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the above submissions, as the prosecution witness have been turned hostile, the same cannot be a ground for releasing the applicant on bail, therefore, I am not inclined to grant regular bail to the present applicant. 8. Accordingly, the second bail application of the applicant - Roshan Gupta, involved in Crime No. 698/2023 registered at Police Station Janjgir, District – Janjgir - Champa (C.G.), for the offence punishable under Sections 4, 6, 10 of the Chhattisgarh Agricultural Cattles 3 Preservation Act, 2004, Section 11 of the Cruelty of Animals Act and Section 279 and 479 of the Indian Penal Code, is rejected. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of three months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek