1 2026:CGHC:6862 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 69 of 2026 1 - Umesh Dawde S/o Shri Chait Ram Dawde Aged About 38 Years R/o Ward No. 10, Harshit Vihar Colony, Main Road Urkura, Birgaon P.S. Khamtarai, District- Raipur (C.G.) --- Applicant versus 1 - State Of Chhattisgarh Through P.S. Khamtarai, District- Raipur (C.G.) --- Non-applicant For Applicant : Shri Pragalbha Sharma, Advocate. For State/Non-applicant : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.02.2026 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. NIKITA JAIN Digitally signed by NIKITA JAIN Date: 2026.02.07 13:55:59 +0530 2 1164/2025 registered at Police Station – Khamtarai, District Raipur (C.G.) for the offence under Sections 325 and 111 of the Bhartiya Nyaya Sanhita, 2023 and Section 11 of the Chhattisgarh Prevention of cruelty to Animals Act. 2. The case of the prosecution, in brief, is that on 01.11.2025, information was received at Police Station Khamtarai regarding the smuggling of a large quantity of cattle in truck bearing number CG 04 JD 9815 and the police stopped the said truck at about 4:00 am. Seeing the police, the driver - Umesh Davde abandoned the said truck and fled. During the investigation, it is found that 5-6 cattle jumped off the truck near Sankara village and fled. It was further informed that the owner of the vehicle, Vivek Tiwari, and his son, Vikas Tiwari, were also found to be involved in the smuggling. Upon receiving the information, accused Umesh Davde and Vikas Tiwari were interrogated and their memorandum statements were taken. Thereafter, the offence was registered against the applicant under Sections 325 and 111 of BNS and Section 11 of the Chhattisgarh Prevention of cruelty to Animals Act. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He submits that the applicant did not inflict any cruelty or cause any harm to the cattle. He further submits that the co-accused has already been enlarged on bail by the Twelfth Additional Sessions Judge, Raipur (C.G.), vide order dated 21.11.2025, and the case of the present applicant stands on similar footing as that of the co-accused. He submits that the present applicant has 05 criminal antecedent for which he has already been 3 given explanations in the present bail application. He submits that the applicant has been in jail since 13.11.2025, conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been submitted in the present case before the competent Court. She further submits that the applicant has 5 criminal antecedents out of which 3 cases are of the similar nature. She further submits that the present applicant was involved in the illegal transportation of the animals, therefore, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, particularly that the applicant has 05 criminal antecedents, out of which three cases are of a similar nature, that the charge-sheet has already been filed before the competent Court, and that the applicant has been in custody since 13.11.2025, and considering that the conclusion of the trial is likely to take some time, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant – Umesh Dawde, involved in Crime No. 1164/2025 registered at Police Station – Khamtarai, District Raipur (C.G.) for the offence punishable under Sections 325 and 111 of the Bhartiya Nyaya Sanhita, 2023 and Section 11 of the Chhattisgarh Prevention of cruelty to Animals Act be released on bail on furnishing personal bond with 4 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 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 5 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/- SSd/-d/- (Ramesh Sinha) Chief Justice Nikita