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2025 DAILYLAW 47185 (CHH)

SURJU DUGGA v. STATE OF CHHATTISGARH

MCRC/8884/2025 · 2025-11-06

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Judgment text

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1 2025:CGHC:54381 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8884 of 2025 1. Surju Dugga S/o Mangtu Dugga Aged About 40 Years R/o Paturbeda, District Narayanpur, Chhattisgarh. 2. Ayut Ram Korram S/o Somdu Aged About 55 Years R/o Paturbeda, District Narayanpur, Chhattisgarh. 3. Somaru Salam S/o Biru Aged About 50 Years R/o Shantinagar, District Narayanpur, Chhattisgarh. ... Applicants versus State of Chhattisgarh Through Narayanpur Police Station, District Narayanpur, Chhattisgarh. ... Non-applicant For Applicants : Mr. Udit Khatri, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 07.11.2025 1. This is the First bail application 5led 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. 64/2025 registered at Police Station : Narayanpur, District Narayanpur (C.G.) for the o:ence punishable under Sections 4, 6 and 10 of Chhattisgarh Agricultural Cattle Preservation Act, 2004. 2. As per the prosecution story, on 04.08.2025, upon receiving information ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.07 17:02:09 +0530 2 that the accused Surju Dugga was selling cow beef from his house, Vikram Yadav proceeded to the house of the accused along with Mukesh Kumar Chowdhary and Raja Vishwas. Upon visiting the house of the accused, it was alleged that Surju Dugga, Ayut Ram Korram, and Somaru Salam were found in possession of two polythene bags containing cow beef intended for sale. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He submits that the present applicants have no criminal antecedents pending against them and they are in jail since 04.08.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has been submitted before the competent Court in the present case and also endorse the submission made by learned counsel for the applicant that the present applicants have no criminal antecedents. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of o:ence and further the fact that the applicants have no criminal antecedents. Also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicants have been in jail since 04.08.2025 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicants are entitled to be released on bail in this case. 7. Let applicants, Surju Dugga, Ayut Ram Korram and Somaru Salam, 3 involved in Crime No. 64/2025 registered at Police Station : Narayanpur, District Narayanpur (C.G.) for the o:ence punishable under Sections 4, 6 and 10 of Chhattisgarh Agricultural Cattle Preservation Act, 2004, be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall 5le an undertaking to the e:ect that they shall not seek any adjournment on the dates 5xed 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 5xed, either personally or through their counsel. In case of their absence, without su?cient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse 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 5xed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before the trial court on the dates 5xed 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 4 court absence of the applicants are deliberate or without su?cient 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. 8. O?ce is directed to send a certi5ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek