1 2026:CGHC:20968 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4146 of 2026 Bhuneshwar S/o Sundarlal Sahu Aged About 37 Years Address Village Paraskol, P.S. Arang, District Raipur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through P.S. Saja, District Bemetara Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Priyanshu Gupta, Advocate. For Respondent(s) : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/05/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 97/2026 registered at Police Station Saja, District Bemetara (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Section 11(1) (d) of the Prevention of Cruelty to Animal Act and Section 4, 6 and 10 of the Chhattisgarh Agriculture Cattle Preservation Act. 2. Case of the prosecution, in brief, is that on 11.04.2026, the complainant Keshav Chauhan submitted a written complaint at Police Assistance Centre Saja stating that, upon receiving information that cattle were being transported in a pickup vehicle for slaughter, he, along with members of Bajrang Dal, intercepted a Bolero pickup vehicle bearing registration No. CG 06 GR 9079 near Bajrang Temple, Kodwa, at around 3:00 AM on 11.04.2026. Upon inquiry, the driver disclosed his name as Bhuneshwar Sahu. It was found that four buffaloes were being transported in a cramped and cruel manner, without food or water. On the basis of the said complaint, Crime No. 97/2026 was registered against the applicant/accused under Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960 and Sections 4, 6, and 10 of the Chhattisgarh Agricultural Cattle Preservation Act. During investigation, it was revealed that the accused was transporting the said buffaloes without any valid receipt or authorized documents, and no reasonable explanation regarding the lawful transportation or destination of the animals was provided. The accused was arrested on 12.04.2026 at about 3:00 PM, and four buffaloes were seized from his possession. The investigation is still at an initial stage. Hence, the bail application. 3 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that as per the contents of the First Information Report itself, the complainant has stated that he apprehended the applicant at the spot and handed him over, along with the vehicle and buffaloes, to the police at about 3:00 AM. However, the First Information Report came to be registered much later at 22:17 hours on 11.04.2026. He also submits that the applicant has been shown to be formally arrested on 12.04.2026. This unexplained delay in registration of the FIR and the discrepancy in the timeline creates serious doubt regarding the prosecution version. The charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant was found transporting four buffaloes in a pickup vehicle in a cruel and inhumane manner, by overcrowding them and without providing food or water, and without any valid documents or authorization for such transportation, thereby committed the alleged offence. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 4 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 12.04.2026, the fact that though the applicant was found transporting four buffaloes in a pickup vehicle in a cruel and inhumane manner, by overcrowding them and without providing food or water, and without any valid documents or authorization for such transportation, but considering the fact that the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Bhuneshwar, involved in Crime No. 97/2026 registered at Police Station Saja, District Bemetara (C.G.) for the offence punishable under Section 11(1) (d) of the Prevention of Cruelty to Animal Act and Section 4, 6 and 10 of the Chhattisgarh Agriculture Cattle Preservation Act, be released on bail on his furnishing a personal bond with two 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. 5 (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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil