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2026 DAILYLAW 12103 (CHH)

RAMESH MANOHAR v. THE STATE OF CHHATTISGARH

MCRC/1079/2026 · 2026-04-28

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Judgment text

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1 2026:CGHC:19881 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1079 of 2026 Ramesh Manohar S/o Manohar Polkat Aged About 43 Years R/o Mohammdiya Plot Devran Road Murtijapur, Thana - Murtijapur, District - Akola (M.H.) ... Applicant(s) versus The State Of Chhattisgarh Through Sho, Thana - Devri, District - Balod (C.G.) ... Non-applicant(s) For Applicant : Mr. Ashwell Franklin, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 24/2025, registered at Police Station : Devri, District- Balod (C.G.) for the offence punishable under Section 4, 6, 7, 10 and 11 of Chhattisgarh Agricultural Cattle Preservation Act, 2004 and Section 11 of Prevention of Cruelty to Animals Act and 3/181, 66(1)/192, 146/196 of Motor Vehicle Act. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. The prosecution case, in brief, is that on 03.03.2025, secret information was received that a truck bearing registration No. MH- 30-BD-2049 was proceeding towards Maharashtra while transporting 28 cattle. Upon interception, the cattle were found loaded in a cruel manner, allegedly for the purpose of being taken to a slaughterhouse. Consequently, an offence was registered against unknown persons. During the course of investigation, the present applicant was arrested. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and is merely the driver of the said vehicle, having no involvement in the alleged offence. It is further submitted that the applicant is an innocent person and has not committed any act of illegal cattle transportation. It is also contended that no offence under the Prevention of Cruelty to Animals Act is made out against the applicant and that the investigation has already been completed, however, there is no likelihood of early conclusion of the trial. Hence, further detention of the applicant is not justified. It is further submitted that the charge- sheet has been filed before the competent Court and the applicant is in judicial custody since 23.06.2025. Moreover, the applicant has four criminal antecedents of a similar nature, which have been duly explained in the covering memo and four additional cases, out of which one pertains to the Gambling Act and three relate to the Motor Vehicles Act (M.H.), all these cases have already been disposed of. As such, the conclusion of the trial is likely to take considerable time. Therefore, it is prayed that the applicant be 3 enlarged on regular bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the applicant is involved in the illegal transportation of cattle in a cruel manner for the purpose of slaughter. It is contended that considering the nature and gravity of the offence, as well as the criminal antecedents of the applicant, no case for grant of bail is made out. Hence, she prays for rejection of the bail application. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the offence, the period of detention of the applicant since 23.06.2025 and the fact that in the present case the charge-sheet has already been filed before the competent Court and the investigation is complete and further considering that the criminal antecedents of the applicant have been duly explained through covering memo and some cases stand disposed of and that the trial is likely to take considerable time for its conclusion thus, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. 7. Accordingly, the bail application of the applicant is allowed. 8. Let applicant, Ramesh Manohar, involved in Crime No. 24/2025, registered at Police Station : Devri, District- Balod (C.G.) for the offence punishable under Section 4, 6, 7, 10 and 11 of Chhattisgarh Agricultural Cattle Preservation Act, 2004 and Section 11 of 4 Prevention of Cruelty to Animals Act and 3/181, 66(1)/192, 146/196 of Motor Vehicle Act., 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 sufÏcient 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 5 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate 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 him 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