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2026 DAILYLAW 13484 (CHH)

MOHAMMAD FAISAL ANSARI @ FAIZAL v. STATE OF CHHATTISGARH

MCRC/1350/2026 · 2026-02-05

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Judgment text

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1 2026:CGHC:6766 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1350 of 2026 Mohammad Faisal Ansari @ Faizal S/o Mohammad Akram Ansari Aged About 34 Years R/o Present Plot No. 30, New Basti Near Teka Library Nagpur (Maharashtra) (Wrongly Mentioned In C.G. In The Impugned Order) … Applicant versus State of Chhattisgarh Through District Magistrate Rajnandgaon, District Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. Ali Afzaal Mirza, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, DY. Govt. Advocate. 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. 102/2024 registered at Police Station – Ghumka, District Rajnandgaon (C.G.) offence under Sections 4, 6, 10, of the Chhhattisgarh Krishak Pashu Parirakshan Adhiniyam & Section 11 of Pashukrurta Niwaran Adhiniyam, and Section 111 of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 01.07.2024, information was received at Police Station Ghumka that a Mahindra Xylo vehicle ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.07 12:08:08 +0530 2 bearing registration No. MH-31-CA-3401 was coming via Village Hardua Thelkadih and proceeding towards Maharashtra, and that the said vehicle was carrying cattle. It was further informed that the cattle were stuffed behind the rear seat of the vehicle. Upon receiving the said information, necessary action was taken, and when the police reached the spot as informed by the informant, the persons present inside the vehicle, including the driver, fled from the vehicle. Thereafter, offences were registered against the driver of the said vehicle and other persons who were accompanying him in transporting the cattle. The offences were registered under Sections 4, 6, and 10 of the Chhattisgarh Krishak Pashu Parirakshan Adhiniyam, 2004 and Section 11 of the Pashukrurta Niwaran Adhiniyam, 1960. A Dehati Nalishi was registered at Police Station Ghumka, District Rajnandgaon (C.G.), initially bearing Crime No. 00/2024. Upon conducting a search of the vehicle bearing registration No. MH-31-CA-3401, the offence was registered against (1) the driver of the said vehicle and (2) unknown persons. The concerned police authority seized six cattle valued at approximately Rs. 6,000/- and the vehicle bearing registration No. MH-31-CA-3401 valued at approximately Rs. 1,00,000/-, making the aggregate value of the seized articles Rs. 1,06,000/-. On the basis of the aforesaid information, an FIR bearing Crime No. 102/2024 was registered for the punishable offences under Sections 4, 6, and 10 of the Chhattisgarh Krishak Pashu Parirakshan Adhiniyam, 2004 and Section 11 of the Pashukrurta Niwaran Adhiniyam, 1960. 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. It is pertinent to mention that no cattle were seized from the possession of the present applicant. 3 Moreover, the applicant has been implicated in the alleged crime solely on the basis of the memorandum statement of the co-accused, wherein the accused Roshan Sonwani and Dhal Singh Thakur have stated that the present applicant, in his vehicle bearing registration No. MH-31-CA- 3401, had called the other accused persons for the alleged transportation of cattle. There is no direct nexus between the applicant and the alleged crime to indicate that the cattle were being transported on the instructions of the applicant for the purpose of slaughter or for any other illegal purpose. He further submits that the co-accused have already been enlarged on bail by the learned Court of the First Additional Sessions Judge, Rajnandgaon (C.G.), vide order dated 13.11.2025, and the case of the present applicant stands on similar footing as that of the co- accused. Merely the memorandum statement of the co-accused cannot be made the sole yardstick for implicating the present applicant in the aforesaid alleged crime. He submits that the present applicant has 05 criminal antecedent for which he has already been given explanations in the present bail application. He submits that the applicant has been in jail since 03.09.2025, 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 7 criminal antecedents out of which 1 case is 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. 4 6. Taking into consideration the facts and circumstances of the case, particularly that the applicant has 07 criminal antecedents, out of which one case is 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 03.09.2025, 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. Let the Applicant – Mohammad Faisal Ansari @ Faizal, involved in Crime No. 102/2024 registered at Police Station – Ghumka, District Rajnandgaon (C.G.) offence under Sections 4, 6, 10, of the Chhhattisgarh Krishak Pashu Parirakshan Adhiniyam & Section 11 of Pashukrurta Niwaran Adhiniyam, and Section 111 of the Bhartiya Nyaya Sanhita, 2023, 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 5 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 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. 8. 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 Abhishek