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2026 DAILYLAW 10959 (CHH)

ANISH QURESHI v. STATE OF CHHATTISGARH

MCRC/9403/2025 · 2026-01-01

body2026

Judgment text

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1 2026:CGHC:122 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9403 of 2025 Anish Qureshi S/o Kallu Qureshi Aged About 33 Years R/o Gali, No. 2, Ward No. 6, Raja Talab Raipur, Tahsil And District- Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through SHO P.S. Ratanpur, District - Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Tarendra Kumar Jha, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.01.2026 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. 590/2025, registered at Police Station – Ratanpur District – Bilaspur (C.G.) for the offence punishable under Sections 4, 6, 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004. 2. The prosecution story, in brief is that on 10.09.2025 the police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.03 11:19:21 +0530 2 received secrete information that vehicle No. CG 04 PT 8078 coming from Korba and in the vehicle cattle were transporting without food and water. During the raid one Shahrukh Khan was present in the vehicle and total 17 cattle were present out of which 2 are died. That during the of investigation present applicant arrested on 14.10.2025 and after completion of investigation challan was filed. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He was neither the owner nor the driver of vehicle No. CG-04- PT-8078, and he was not present at the spot of the alleged incident, nor was he ever in contact with the co-accused persons. The implication of the present applicant is based solely on the memorandum statement of the co-accused, without any independent corroborative evidence. The applicant has been in judicial custody since 14.10.2025, therefore, he humbly prays that he be granted bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and submits that the applicant has two 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. Taking into consideration the submissions made by learned counsel for the parties, further considering the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicant, moreover, the fact that the charge-sheet has been filed 3 before the competent Court and he is in jail since 14.10.2025 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Anish Qureshi involved in Crime No. 590/2025, registered at Police Station – Ratanpur District – Bilaspur (C.G.) for the offence punishable under Sections 4, 6, 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004, 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 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 4 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