1 2026:CGHC:387 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9586 of 2025 1 - Abubakar @ Butai S/o Khalil Aged About 45 Years R/o Village- Mahaveerganj, Police Chowki-Vijaynagar, Police Station Ramanujganj, District-Balrampur-Ramanujganj (C.G.) 2 - Jilani S/o Satar Aged About 42 Years R/o Village- Mahaveerganj, Police Chowki-Vijaynagar, Police Station Ramanujganj, District- Balrampur-Ramanujganj (C.G.) 3 - Shamim S/o Satar Aged About 40 Years R/o Village- Mahaveerganj, Police Chowki-Vijaynagar, Police Station Ramanujganj, District- Balrampur-Ramanujganj (C.G.) 4 - Sarfaraj S/o Abubakar Aged About 22 Years R/o Village- Mahaveerganj, Police Chowki-Vijaynagar, Police Station Ramanujganj, District-Balrampur-Ramanujganj (C.G.) 5 - Ibrar S/o Abubakar Aged About 20 Years R/o Village- Mahaveerganj, Police Chowki-Vijaynagar, Police Station Ramanujganj, District- Balrampur-Ramanujganj (C.G.) 6 - Aslam S/o Jilani Aged About 20 Years R/o Village- Mahaveerganj, Police Chowki-Vijaynagar, Police Station Ramanujganj, District- Balrampur-Ramanujganj (C.G.) ... Applicant(s) KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 versus State Of Chhattisgarh Through Station House OfÏcer, Police Police Chowki- Vijaynagar, Police Station - Ramanujganj, District - Balrampur- Ramanujganj (C.G.) ... Non-applicant(s) For Applicants : Mr. Malay Shrivastava, Advocate For Non-applicant/State : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.01.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 172/2025, registered at Police Station- Ramanujganj, District- Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 238, 299, 325, 3(5) of the BNS and Sections 4, 6 and 10 of the Chhattisgarh Farmer Animal Protection Act, 2004 and Section 11(1) (घ) of Chhattisgarh Prevention of Cruelty to Animals Act. 2. The case of the prosecution in brief is that the allegation against the applicants/accused persons is that on 15.10.2025, at Village Chauragad, the accused persons, belonging to the Muslim community, committed cow slaughter with the intention of hurting the religious sentiments of Hindus prior to the festival of Lakshmi Pujan and disturbing communal harmony. It is alleged that during the night, the accused persons slaughtered a calf, cooked and consumed its meat and concealed the skin and hooves at an 3 undisclosed place. On the basis of the said report, an FIR was registered, the accused persons were arrested, and their memorandum statements were recorded. Pursuant thereto, four severed hooves of the cow, cow meat, and an iron dagger used in the commission of the offence were seized from the accused persons. Thereafter, the accused persons were remanded to judicial custody. 3. Learned counsel for the applicants submit that the applicants are innocent and have not committed any offence punishable under Sections 238, 299, 325 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Sections 4, 6 and 10 of the Chhattisgarh Farmer Animal Protection Act, 2004, and Section 11(1)(घ) of the Chhattisgarh Prevention of Cruelty to Animals Act. It is further submitted that the applicants have been falsely implicated in the present case and that there is not even an iota of evidence on record to establish their involvement in the alleged offence. The applicants have been in custody since 16.10.2025 and their continued incarceration is unjustified in the absence of any credible material against them. He further submits that the applicants have no criminal antecedents and in the present case, charge-sheet has been filed before the competent Court and as the trial is likely to take considerable time for its conclusion, therefore, it is humbly prayed that the applicants may kindly be released on bail. 4. Learned State Counsel opposes the prayer for grant of bail and submits that the applicants are facing serious allegations of cow 4 slaughter committed on the eve of the Lakshmi Pujan festival with the intention of outraging religious sentiments and disturbing communal harmony. During investigation, incriminating articles including cow meat, severed hooves and the weapon used in the offence have been seized from the applicants. Considering the gravity of the offence, its impact on social harmony, and the material collected during investigation, the applicants are not entitled to the benefit of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstance of the case, nature and gravity of offence, period of detention of the applicants since 16.10.2025 and the fact that in the present case, charge- sheet has been filed before the competent Court and the applicants have no previous criminal antecedent and no further interrogation is required and the trial is likely to take some time for its conclusion, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicants. 7. Accordingly, the bail application is allowed. 8. Let applicants, Abubakar @ Butai, Jilani, Shamim, Sarfaraj, Ibrar and Aslam, involved in Crime No. 172/2025, registered at Police Station- Ramanujganj, District- Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 238, 299, 325, 3(5) of the BNS and Sections 4, 6 and 10 of the Chhattisgarh Farmer Animal Protection Act, 2004 and Section 11(1) (घ) of Chhattisgarh Prevention of Cruelty to Animals Act, be released on 5 bail on their furnishing a personal bond with two 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 misuses the liberty of bail during trial and in order to secure their 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 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 6 opinion of the trial court absence of the applicants are deliberated 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. 9. 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 Kunal