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2026 DAILYLAW 20286 (CHH)

MOHAN KHUNTE v. STATE OF CHHATTISGARH

MCRC/4330/2026 · 2026-05-12

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Judgment text

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1 2026:CGHC:22593 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4330 of 2026 Mohan Khunte S/o Maniram Khunte Aged About 55 Years R/o Ward No. 05, Mochi Para, Sarangarh, Thana Sarangarh District- Sarangarh-Bilaigarh (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station- Sarangarh, District- Sarangarh-Bilaigarh (C.G.) ... Non-Applicant For Applicant : Udho Ram Koshaley, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 61/2026, registered at Police Station – Sarangarh, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 4, 5 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004. 2. The prosecution’s case, in brief, is that the concerned police authorities received information from an informant that, on the date of the incident, the accused persons were in possession of the illegal skin of an animal. Acting on the said information, the police conducted a seizure and PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.14 12:07:35 +0530 2 allegedly recovered 15 kilograms of raw cow meat (“kachha maas”) from the possession of the accused persons. Consequently, the police registered the aforesaid offence against the accused persons under Sections 4, 5, and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no previous criminal antecedent of the applicant. He further submits that co-accused, namely, Virendra Rater has already been granted bail by this Court vide order dated 24.04.2026 passed in MCRC No. 2530/2026, the charge-sheet has been filed in the present case and the applicant is in jail since 06.02.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case but could not dispute the fact that the identically situated co-accused person has already been granted bail by this Court. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no previous criminal antecedent of the applicant, further co-accused, namely, Virendra Rater has already been granted bail by this Court vide order dated 24.04.2026 passed in MCRC No. 2530/2026, the charge-sheet has been filed in the present case and the applicant is in jail since 06.02.2026 and conclusion of the trial is likely to take some time, I 3 am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let applicant, Mohan Khunte, involved in Crime No. 61/2026, registered at Police Station – Sarangarh, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 4, 5 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004, 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. (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 4 proceed against him in accordance with law. 8. Office 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 Preeti