1 2026:CGHC:23485 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4931 of 2026 1 - Jamhir Korwa S/o Mooli Korwa Aged About 41 Years Village- Chaorpani, Dumardih, Police Station- Dhaurpur, Tehsil- Dhaurpur, District : Surguja (C.G.) 2 - Deepak Ram S/o Shivkumar Aged About 23 Years Village- Chaorpani, Dumardih, Police Station- Dhaurpur, Tehsil- Dhaurpur, District : Surguja (C.G.) 3 - Lalsai Korwa S/o Ramsai Korwa Aged About 50 Years Village- Chaorpani, Dumardih, Police Station- Dhaurpur, Tehsil- Dhaurpur, District : Surguja (C.G.) ... Applicants versus State Of Chhattisgarh Through- S. H. O. Police Station- Dhaurpur, District : Surguja (C.G.) ... Respondent For Applicants : Shri Chitendra Singh, Advocate (through VC). For Respondent/State : Ms. Vaishali Mahilong, Dy.G.A. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.05.26 17:40:53 +0530 2 Hon'ble Mr. Justice Bibhu Datta Guru Order on Board 26/05/2026 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 applicants who have been arrested in connection with Crime No.15/2026 registered at Police Station Dhaurpur, District - Sarguja (C.G.) for the offence punishable under Sections 325, 3(5) of Bharatiya Nyaya Sanhita, 2023 & Section 4,6,10 of Chhattisgarh Agricultural Cattle Preservation Act, 2004, Section 11 of The Prevention Of Cruelty to Animals Act, 1960. 2. Case of the prosecution, in brief, is that the applicants have purchased a cow and its calf from village-Kachhar for sum of Rs.2500/- and took the animals to Cave of Garhamuta mountain at village Chaorpani, thereafter killed the animals with the help of sickle and had eaten their meat. Thereafter, on the basis of memorandum statement of the Applicants/Accused and further investigation commission of offence under aforementioned sections were found against the accused persons, therefore Crime No.15/2026 was registered at Police Station-Dhaurpur for offence punishable u/s 325, 3(5) of Bharatiya Nyaya Sanhita, 2023 & Section 4,6,10 of Chhattisgarh Agricultural Cattle Preservation Act, 2004, Section 11 of The Prevention Of Cruelty to Animals Act, 1960. Thereafter, the applicants were arrested on 3 06.04.2026 and presented before the concern court from where they were sent on judicial custody. Hence this bail application. 3. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in this case. He would submit that there is no seizure or recovery of dead body of the calf and cow. He would further submit that there is no criminal antecedents of any of the applicants, charge sheet has been filed in this case, the applicants are in jail since 06/04/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. 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, submission of learned counsel for the parties, nature of allegation levelled against the applicants, further the fact that there is no seizure or recovery of dead body of the calf and cow, period of detention of the applicants since 06/04/2026, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that 4 the Applicant No.1- Jamhir Korwa, Applicant No.2 Deepak Ram & Applicant No.3 Lalsai Korwa involved in Crime No.15/2026 registered at Police Station Dhaurpur, District - Sarguja (C.G.) for the offence punishable under Sections 325, 3(5) of Bharatiya Nyaya Sanhita, 2023 & Section 4,6,10 of Chhattisgarh Agricultural Cattle Preservation Act, 2004, Section 11 of The Prevention Of Cruelty to Animals Act, 1960, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 5 to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Bibhu Datta Guru) JUDGE gouri