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2026 DAILYLAW 2174 (CHH)

SHAHRUKH QURESHI v. STATE OF CHHATTISGARH

MCRC/833/2026 · 2026-01-22

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Judgment text

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1 2026:CGHC:4135 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 833 of 2026 • Shahrukh Qureshi S/o Idrish Qureshi Aged About 25 Years R/o Village Gadhi Hasanpur (Wrongly Mentioned In Impugned Order As Dadee Hasanpur), P.S. Chusana, District Saamli (U.P.) ... Applicant versus • State Of Chhattisgarh Through P.S. Ratanpur, District Bilaspur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Puranchand, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.01.2026 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. 590/2025, registered at Police Station – Ratanpur, District – Bilaspur (C.G.) for the offence punishable under Sections 4, 6, 10 of C.G. of Agricultural Cattle Preservation Act, 2004. 2. The case of the prosecution, is that on 10.09.2025, the police received secret information that vehicle no. CG04PT8078 was coming from Korba was allegedly transporting cattle without food and water. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.27 11:24:29 +0530 2 During raid operation, the present applicant was allegedly present in the vehicle in which total 17 cattle were present out of which 2 were dead. During investigation, the present applicant was arrested, hence, this bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submits that there is no criminal antecedents registered against the present applicant. It is further submitted that the charge- sheet has been filed in this case and co-accused has already been granted bail by this Court in MCRC No.9403 of 2025 vide order dated 02.01.2026. The applicant is in jail since 10.09.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application and submits that applicant is a resident of the State of Uttar Pradesh and there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. 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 any criminal antecedents registered against the present applicant, further more co-accused has already been granted bail by this Court in MCRC No.9403 of 2025 vide order dated 02.01.2026. The applicant is in jail since 10.09.2025 charge-sheet has been filed against the applicant, and conclusion of the trial is 3 likely to take some time, I am inclined to allow this application on the ground of parity. 7. Let applicant, Shahrukh Qureshi involved in Crime No.590/2025, registered at Police Station – Ratanpur, District – Bilaspur (C.G.) for the offence punishable under Sections 4, 6, 10 of C.G. of Agricultural Cattle Preservation Act, 2004, be released on bail on his furnishing a 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 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 4 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. 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 vaishali