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2025 DAILYLAW 60758 (CHH)

MANAUWAR ANSARI v. STATE OF CHHATTISGARH

MCRC/7899/2025 · 2025-12-03

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Judgment text

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1 2025:CGHC:58944 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7899 of 2025 Manauwar Ansari S/o Mahbub Ansari Aged About 23 Years R/o Village - Manpur, P.S. Ranka Distt - Garhwa Jharkhand ... Applicant versus State Of Chhattisgarh Through Police Station - Lakhanpur Distt - Surguja Chhattisgarh ... Non-applicant For Applicant : Mr. A.N. Pandey, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.12.2025 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 applicant who has been arrested in connection with Crime No. 101/2025, registered at Police Station – Balrampur District – Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 111, 61(2) (a) of BNS and Section 4,6 & 10 of C.G. Krishik Pasu Parirakshan Adhiniyam 2004 and Section 11(1)(d) of Pasu Krurta Niwaran Adhiniyam 1960. 2. The prosecution story, in brief is that on 17.7.2025, during night VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.05 12:06:29 +0530 2 patrolling. Assistant Sub Inspector Radheshyam Vishwakarma Police Station - Balrampur, receive the secrete information that in the Semarsot forest, on the side of the main road on NH-343, a pick-up truck was lying in an accident Two Buffaloes, three Buffaloes and one calf, their legs and mouths tied, were brutally stuffed into it trolley The driver had fled after crashing the vehicle and abandoning it at the scene. Following this information, the vehicle and cattle were recovered Meanwhile, based on the information Mohd. Wazul Haq Alamgir Ansari and Khurshid Ansari were apprehended Upon questioning, they revealed that Wazul Ansari had given the pick-up, in the name of his brother Ziaul Haq to driver Satish Paikra for transporting the buffaloes. During transportation, accused Satish Paikra was also setting and they were taking the cattle's to Jharkhand slaughterhouse To protect the pick-up from the police, present applicant and other two accused were riding a motorcycle ahead of the vehicle, when the vehicle loaded with buffaloes met with an accident in Semersot Forest thereafter the police made an accused to the applicant and arrested to the applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits no cattle have been seized from the possession of the applicant, and the seized cattle were used only for agricultural purposes and not for any act of export or slaughter. The police have not collected any evidence to show that the applicant was taking the cattle for slaughtering, and his implication is wholly false. The name of the applicant does not find mention in the FIR, and the 3 other co-accused persons have already been released on bail by the learned trial court. The applicant is a poor villager and has been in jail since 16.09.2025, therefore, he humbly prays that he be granted bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has not been filed in the present case and the applicant has two previous criminal antecedents; therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the present applicant, and also taking into account that the applicant has two criminal antecedents and has been in judicial custody since 16.09.2025, and as the conclusion of the trial is likely to take some more time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Manauwar Ansari, involved in Crime No. 101/2025, registered at Police Station – Balrampur District – Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 111, 61(2) (a) of BNS and Section 4,6 & 10 of C.G. Krishik Pasu Parirakshan Adhiniyam 2004 and Section 11(1)(d) of Pasu Krurta Niwaran Adhiniyam 1960., be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 4 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 applicant 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 Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant 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 applicant 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 applicant 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav