Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:48187
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7533 of 2025 1 - Raju Kujur S/o Balam, Aged About 40 Years R/o Village Mudapara, Police Station Patthalgaon, District Jashpur (C.G.) 2 - Rajinder Kujur S/o Balam, Aged About 35 Years R/o Village Mudapara, Police Station Patthalgaon, District Jashpur (C.G.) 3 - Vinay @ Bane S/o Thurka, Aged About 35 Years R/o Village Mudapara, Police Station Patthalgaon, District Jashpur (C.G.) 4 - Sandeep Kujur S/o Kamil, Aged About 30 Years R/o Village Mudapara, Police Station Patthalgaon, District Jashpur (C.G.) 5 - Gokul Toppo S/o Sohan, Aged About 32 Years R/o Village Surajgarh, Police Station Patthalgaon, District Jashpur (C.G.)
... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station Patthalgaon, District Jashpur (C.G.)
... Non-applicant(s) For Applicants : Mr. Dinesh Yadav, Advocate. For Non-applicant/State : Mr. Swajeet Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 18/09/2025 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2
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 applicants who have been arrested in connection with Crime No. 176/2025 registered at Police Station Patthalgaon, District- Jashpur (C.G.) for the offence punishable under Section 4, 5 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act.
2. Case of the prosecution, in brief, is that on 26.07.2025, the concerned police received secret information by one Jageshwar Yadav and on the basis of said information, raid was conducted and found the present applicants have killed the agricultural animal and distributes the said beef, therefore a case was registered against the accused persons at Police Station Patthalgaon, under Crime No. 176/2025, for offences punishable under Sections 4, 5, and 10 of the Chhattisgarh Agricultural Cattle Preservation Act.
3.
Learned counsel for the applicants submit that the applicants are innocent person and the have been falsely implicated in the present case. He submits that the applicants have been arrested only on the suspicious, they were not present on the spot at the time of incident. The applicants have neither committed participated in any such act, which may amount to any of the offences, mentioned above. Besides the above, the evidence collected by the prosecution are also not prima facie sufficient to hold the applicant guilty of the aforesaid offences and further the applicants are only earning members of their family and is poor persons and the applicants are in jail since 29-08-2025 and in the present case, charge-sheet has been filed before the competent Court and have no criminal
3 antecedents and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that however, the applicants have no previous criminal antecedent but the case diary reveals that the accused persons were caught red- handed while slaughtering a cow and dividing the beef for consumption and sale. From the spot, 1.5 kg cow meat, head, legs, skin, tail, private parts, along with sharp-edged weapons and wooden logs were seized. The offence is grave in nature, affects public order and sentiments of society. If released on bail, the accused may tamper with evidence or repeat the offence. Hence, they are not entitled to bail. 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, nature and gravity of offence, period of detention of the applicants since 29.08.2025 and 30.08.2025 and the fact that in the present case, charge- sheet has been filed before the competent Court and the applicants have no previous criminal antecedent and no further interrogation is required and the trial is likely to take some time for its conclusion, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicants. 7. Accordingly, the instant bail application is allowed. 8.
Let the applicant –Raju Kujur, Rajinder Kujur, Vinay @ Bane,
4 Sandeep Kujur and Gokul Toppo, involved in Crime No. 176/2025 registered at Police Station Patthalgaon, District- Jashpur (C.G.) for the offence punishable under Section 4, 5 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act., be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 5 (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are deliberated or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha)
Chief Justice Kunal