1 2025:CGHC:56440 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8444 of 2025 1 - Sheikh Javed Qureshi S/o Bismillah Khan Aged About 30 Years R/o Azad Nagar, Nai Basti, Teka Nagpur, District Nagpur (M.H.) 2 - Ganesh Singh Thakur S/o Pratap Singh Aged About 54 Years R/o Diamond Nagar, Yellow River Road, Nagpur, District Nagpur (M.H.) (Perticulars Of The Applicants Is Not Properly Mentioned In The First Page Of Impugned Ordersheet Correct Details Is Being Mentioned As Per Chargesheet) ... Applicants versus State Of Chhattisgarh Through S H O Police Station Simga, District Balodabazar-Bhatapara (C.G.) (Perticulars Of The Non-Applicants Is Not Properly Mentioned In The First Page Of Impugned Ordersheet Correct Details Is Being Mentioned As Per Chargesheet) ... Non-applicant For Applicants : Mr. Aman Tamrakar, Advocate. For Non-Applicant/State : Mr. S.S. Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.11.2025 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. 159/2017 registered at Police Station – Simga District – Balodabazar- VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.20 11:56:36 +0530 2 Bhatapara (C.G.), for the offence punishable under Sections 429, 34 of the IPC and Sections 4, 6, 10 of the C.G. Agricultural Cattle Preservation Act, 2004 and Sections 48, 50, 52, 54(1)(2)(3) of the C.G. Animal Transport Act. 2. The prosecution story, in brief, is that on 15.05.2017, the complainant Gagan Tiwari received information through phone that truck number CG 04-JA 5481 was illegally carrying cattle to slaughter house in Nagpur. Upon receiving this information, Gagan Tiwari along with his friends reached near Ambe Petrol Pump Saddu. At that time, the truck was being driven towards Deori. When they overtook the truck, the truck driver brought his truck towards Simga and seeing the traffic near the bus stand Simga, he took the truck towards Raipur and taking advantage of the night near Taj Dhaba, he left the truck and ran away. while searching inside the truck, they saw that it was loaded with 17 agricultural buffaloes in which one buffalo was dead. On the report of the complainant, a crime was registered and taken into investigation. During the investigation, statements of the complainant witnesses were taken and a site map of the incident was prepared and 16 live buffaloes and 01 dead buffalo and truck number CG04-JA- 5481 were seized from the incident site in front of the witnesses and the live cattle were handed over to the Gaurakshan Kendra, and the dead cattle were duly buried after conducting the post-mortem. On getting information from the RTO office in the matter, the owner of the place, Yashwant Parihar, is a resident of Shastri Chowk, Kelabari, Kotwali Police Station, Durg, District, Durg, Chhattisgarh During the investigation, truck owner Yashwant Singh Parihar was arrested on 19.11.2017 and presented before the court on judicial remand. On the 3 basis of the entire investigation, collected evidence, statements of witnesses, site inspection, doctor's examination report, on finding evidence of crime against the accused Yashwant Parihar, a challan has been presented before the court under section 173 (8) of the CrPC and absconding accused of the case, Sheikh Javed Qureshi and Ganesh Singh Thakur were arrested on 23/08/2025 and presented before the court from where they are in judicial custody. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that as they have no role in the alleged act. It is submitted that the applicants are family persons and the sole earning members of their respective families. There is no allegation of transportation of animals against them, nor has any incriminating article been seized from their possession. The applicants have been arrested merely on the basis of the memorandum of co-accused, and no notice was ever issued to them by the prosecution regarding the alleged offence. Their names do not appear in the FIR and they were not involved in the incident in any manner. The applicants are in jail since 23.08.2025, 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 applican that the charge- sheet has been filed in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and 4 gravity of the offence levelled against the applicants, and also taking into account that the charge-sheet has already been filed before the competent Court, and that the applicants have been in judicial custody since 23.08.2025, and as the conclusion of the trial may take some more time, this Court is of the considered opinion that the applicants are entitled to be released on bail in the present case. 7. Let the applicants – Sheikh Javed Qureshi and Ganesh Singh Thakur , involved in Crime No. 159/2017 registered at Police Station – Simga District – Balodabazar-Bhatapara (C.G.), for the offence punishable under Sections 429, 34 of the IPC and Sections 4, 6, 10 of the C.G. Agricultural Cattle Preservation Act, 2004 and Sections 48, 50, 52, 54(1)(2)(3) of the C.G. Animal Transport Act, be released on bail on furnishing a 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 sufficient 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 5 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. (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 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. 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 vaibhav