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2026 DAILYLAW 23659 (CHH)

DEVA DHRUWE v. STATE OF CHHATTISGARH

MCRC/5696/2026 · 2026-06-28

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Judgment text

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1 2026:CGHC:26386 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5696 of 2026 1 - Deva Dhruwe S/o Mr. Nasiblal Dhruwe Aged About 45 Years R/o Ward No.01, Village Bagdehi Tehsil And Police Station - Lanjhi District- Balaghat Madhya Pradesh. 2 - Shivdayal Lilhare S/o Mr. Budhram Lilahre Aged About 37 Years R/o Ward No.12, Village, Hirri Tehsil And Police Station - Kirnapur District- Balaghat, Madhya Pradesh ...Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station Simga, District- Baloda Bazar Bhatapara Chhattisgarh, ... Non-applicant For Applicant : Mr. P. Acharya, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.06.2026 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 applicants who have been arrested in connection with Crime No. 210/2026 registered at Police Station : Simga, District Baloda Bazar Bhatapara, (C.G.) for the offence punishable under Section 4,6,10 and 11 of the CG Agriculture Cattle Preservation. Digitally signed by JYOTI JHA Date: 2026.06.30 17:54:53 +0530 2 2. The prosecution case, in brief, is that on 16.05.2026 the complainant namely GaganTiwari lodged an FIR against the present applicants alleging that he received the secret information around 3 AM in the night regarding the illegal transportation of the cattle through vehicle bearing registration no. MH-35-AJ-3679. The complainant along with the other persons acting upon the information intercepted the said vehicle near service road of the village Damakhda and after inquiry it was found that the present applicants were carrying the five cattle animals in the said vehicle and cattle were being carried to slaughter house. Thereafter the present applicants along with the said vehicle and cattle animals were taken to the police station by the complainant along with the other persons, whereby the police authority registered an FIR against the present applicants bearing crime no. 210/2026 for the offence punishable under section 4, 6, 10 and 11 of the C.G Agriculture Cattle Preservation Act, 2004 and thereafter the present applicants were arrested 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is contended that the applicants have not committed any offence as alleged and have been arrested solely on the basis of suspicion. Learned counsel further submits that the applicants have been in judicial custody since 16.05.2026 and that the conclusion of the trial is likely to take considerable time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned State counsel opposes the prayer for grant of bail and submits that the applicants were apprehended while transporting cattle in violation of the provisions of the Chhattisgarh Agricultural Cattle Preservation Act, 2004. Considering the nature of the allegations and the 3 material collected during the investigation, it is prayed that the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of the allegations, the offences alleged against the applicants, the period of their custody and there are no previous antecedents against the present applicants and without expressing any opinion on the merits of the case, this Court is of the view that it is a fit case to extend the benefit of regular bail to the applicants. Accordingly, the application is allowed. 7. Let applicant, Deva Dhruwe and Shivdayal Lilhare, involved in Crime No. 210/2026 registered at Police Station : Simga, District Baloda Bazar Bhatapara, (C.G.) for the offence punishable under Section 4,6,10 and 11 of the CG Agriculture Cattle Preservation, be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants 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 applicants 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 applicants 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 applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening 4 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 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 Jyoti