Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 18421 (CHH)

KALEEM KHAN v. STATE OF CHHATTISGARH

MCRC/2655/2026 · 2026-03-23

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:14122 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2655 of 2026 Kaleem Khan S/o Naseem Khan Aged About 23 Years R/o Boriya Khurad, Rda Colony Santosh Nagar, Tikrapara, Thana Tikrapara, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through SHO, P.S. Ratanpur, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Parth Kumar Jha, Advocate For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.03.2026 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. 590/2025 registered at Police Station- Ratanpur, District- Bilaspur, (C.G.) for the offence punishable under Sections 4, 6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. Case of the prosecution, in brief, is that on 10.09.2025, the police received secret information that vehicle No. CG 04 PT 8078, coming from Korba, was transporting cattle without providing food and water. Acting upon the said information, the police conducted a raid and found one Shahrukh Khan present in the vehicle along with a total of 17 cattle, out of which 2 were found dead. During the course of investigation, the present applicant was arrested on 14.10.2025, and after completion of investigation, the charge-sheet has been filed. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not committed any act which would justify his conviction under the alleged sections. He also submits that the present applicant was not present at the spot and he was never been contacted the co- accused persons. He further submits that similarly situated co- accused persons, namely, Anish Qureshi and Gurvendra Nagarchi have already been granted bail by this Hon’ble Court vide orders dated 02.01.2026 and 26.02.2026 in MCRC Nos. 9403/2025 and 1974/2026 respectively. He also submits that the applicant has five previous criminal antecedents and out of which four cases are disposed of and only one case is pending in the year of 2022 and he is in jail since 08.10.2025, 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 on the ground of parity. 3 4. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that the charge-sheet has been filed before the competent Court, but could not dispute the fact that co-accused persons have already been granted bail by this Court and the case of the present applicant is identical to that of the co-accused. She further submits that the applicant has 05 criminal antecedents which shows that the present applicant is a habitual offender, 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. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, the fact that though the present applicant and other co-accused persons were committed the said crime, but other co-accused persons, namely, Anish Qureshi and Gurvendra Nagarchi have already been granted bail by this Hon’ble Court vide orders dated 02.01.2026 and 26.02.2026 in MCRC Nos. 9403/2025 and 1974/2026 respectively, and the case of present applicant is identical to that of the co-accused persons, further the charge-sheet has been filed in the present case, the present applicant has five previous criminal antecedents and out of which four cases are disposed of and only one case is pending in the year of 2022 and he is jail since 08.10.2025, the conclusion of the trial will take some more time, therefore, this Court is of the considered view that the applicant is entitled to be released on bail in this case on the ground of parity. 4 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Kaleem Khan, involved in Crime No. 590/2025 registered at Police Station- Ratanpur, District- Bilaspur, (C.G.) for the offence punishable under Sections 4, 6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004, be released on bail on furnishing 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. (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 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan