Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:57529
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8443 of 2025 1 - Deepak Patle S/o Tarachand Patle Aged About 33 Years R/o Malhar, Police Station Masturi, District Bilaspur, Chhattisgarh 2 - Bhagwat Kashyap S/o Pitamber Kashyap Aged About 40 Years R/o Village Jevra, Police Station Mulmula, Tahsil Pamgarh, District Janjgir Champa Chhattisgarh
... Applicants versus State Of Chhattisgarh Through The Police Outpost – Sonakhan, Police Station – Kasdol, District – Balodabazar-Bhatapara, Chhattisgarh. ---- Non-applicant
For Applicants : Mr. Siddharth Pandey, Advocates. For Non-applicants/State : Mr. Swajeet Singh Ubeja, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 26.11.2025
1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 585/2025, registered at Police Outpost – Sonakhan, Police Station – Kasdol, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 11(1)(d) of Prevention of Cruelty to Animals Act, 1960 and Sections 4, 6, 10 and 11 of C.G. Agricultural Cattle Preservation Act, 2004 and Section 325 and 111 of BNS. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
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2. The case of the prosecution, is that on 09.09.2025, the informant/Manoj Janghel, informed the Police Outpost Sonakhan to the effect that in two vehicles, the buffaloes were being transported to the Odisha slaughterhouse for slaughtering. Based on the information provided by the informant, the officers of Police Outpost Sonakhan stopped the vehicle Mazda No. CG-04-NU-6819 and vehicle 407 having No. CG-04-PS-7678 and caused a search near Nawagaon Chowki. On the basis of the search made by them, a total of 21 buffalo were found and seized. The co-accused persons, Razab Ali and Shahbaz Mohammad, fled away from the spot, and another vehicle, an EECO car, piloting the aforesaid vehicles carrying the buffalos, also fled away from the spot. On the basis of the aforementioned, an FIR was registered against the co-accused persons, namely Mansoor, Sakib Mohammad, Razab Ali, and Shahbaz Mohammad. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants is innocent and has been falsely implicated in this case and the charge-sheet has been filed in this case. It is submitted that there is no criminal antecedents of the applicant No.1 and there is only one criminal antecedents of the applicant No.2.
The applicants are in jail since 21.09.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is one criminal antecedents of the applicant No.2, and the applicants are not entitled for grant of regular bail by this Court. 3
5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that there is no criminal antecedents of the applicant No.1 and there is only one criminal antecedents of the applicant No.2, charge- sheet has been filed against the applicants, the applicants are in jail since 21.09.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants – Deepak Patle and Bhagwat Kashyap, involved in Crime No. 585/2025, registered at Police Outpost – Sonakhan, Police Station – Kasdol, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 11(1)(d) of Prevention of Cruelty to Animals Act, 1960 and Sections 4, 6, 10 and 11 of C.G. Agricultural Cattle Preservation Act, 2004 and Section 325 and 111 of BNS, be released on bail on his furnishing a personal bond with two sureties 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 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 applicants shall remain present before the trial court on each date fixed, either personally or through his counsel.
In case of his absence, without sufficient cause, the trial court may proceed against him under
4 Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, 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 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 is deliberate 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 him in accordance with law. 8. 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 Rajshekhar