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2025 DAILYLAW 56302 (CHH)

MANSUR v. STATE OF CHHATTISGARH

MCRC/9540/2025 · 2025-12-16

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Judgment text

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1 2025:CGHC:61524 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9540 of 2025 1. Mansur Son of Abdul Aged About 35 Years Resident of Farkhpur Nawada, Police Station - Fatehpur, District - Saharanpur (U.P.) 2. Shakib Mohammad Son of Mustafa Mohammad Aged About 22 Years Resident of Village Lakhnauti, Police Station Gango, District - Saharanpur, (U.P.) ... Applicants versus State of Chhattisgarh Through Station House OfÏcer, Police Chowki Sonakhan, Police Station Kasdol, District - Balodabazar-Bhatapara, Chhattisgarh. ... Non-applicant For Applicants : Mr. Yogesh Chandra, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.12.2025 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. 585/2025 registered at Police Chowki Sonakhan, Police Station Kasdol, District Balodabazar-Bhatapara (C.G.), for the offences punishable under Sections 11(1) of Pashu Krurta Niwaran Adhiniyam and Section 4, 6, 10 and 11 of Chhattisgarh Krishak Pashu Parirakshan Adhiniyam and ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.19 10:51:02 +0530 2 Section 325 and 111 of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, on 09.09.2025, the complainant, namely Manoj Janghel, informed Police Chowki Sonakhan that in two vehicles, certain persons had transported domestic animals and were taking them to a slaughterhouse. On the basis of the said information, the police intercepted vehicle Nos. CG-04/NU-6819 and CG-04/PS-7678 and found a total of 21 domestic animals therein. The applicants failed to produce any documents in respect of the said animals. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and have been falsely implicated in the aforesaid case. He further submits that other co-accused person, namely, Deepak Patle and Bhagwat Kashyap have already been granted regular bail by this Court vide order dated 26.11.2025 in MCRC No. 8443 of 2025. Therefore, he submits that the present applicants are also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the co-accused person, namely, Deepak Patle and Bhagwat Kashyap have already been granted regular bail by this Court vide order dated 26.11.2025 in MCRC No. 8443 of 2025. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and they are in jail since 10.09.2025 and the conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicants are entitled to be released on bail 3 in this case on the ground of parity. 7. Let the Applicants – Mansur and Shakib Mohammad, involved in Crime No. 585/2025 registered at Police Chowki Sonakhan, Police Station Kasdol, District Balodabazar-Bhatapara (C.G.), for the offences punishable under Sections 11(1) of Pashu Krurta Niwaran Adhiniyam and Section 4, 6, 10 and 11 of Chhattisgarh Krishak Pashu Parirakshan Adhiniyam and Section 325 and 111 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on their furnishing personal bond with two local 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 sufÏcient 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 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. 4 (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 deliberate or without sufÏcient 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. OfÏce 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