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2026 DAILYLAW 25332 (CHH)

MAKSUD KHAN v. STATE OF CHHATTISGARH

MCRC/6010/2026 · 2026-07-06

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Judgment text

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1 CGHC010256272026 2026:CGHC:27963 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6010 of 2026 Maksud Khan S/o. Shri Aasir Khan, Aged About 27 Years R/o Village - Tangartoli, Post - Lodam, District-Jashpur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station - Kotra Road, District – Raigarh (C.G.) ---- Non-applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.07.2026 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. 108/2026, registered at Police Station – Kotra Road, District – Raigarh (C.G.) for the offence punishable under Sections Sections 4 and 6 of the Krishak Pashu Parikshan Adhiniyam and Section 11 of Pashuyo Ke Prati Krurta Nivaran Adhiniyam. 2. The case of the prosecution, is that the Police of Police Station concerned received a secret information during patrolling that a loaded Scorpio vehicle bearing registration No. CG-13-D-0941 carrying the cattle towards Raigarh from Village Sarwani. Acting upon the said information, the Police conducted the raid and caught hold of the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 applicant and on checking the vehicle 6 cattle were allegedly found on the vehicle, therefore, the applicant was arrested and the FIR was lodged. Hence, this 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 and 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 the co-accused has been granted anticipatory bail by this Court vide order dated 05.05.2026 in MCRCA No.669/2026. The applicant is in jail since 06.04.2026 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 but could not dispute the fact that the co-accused person has been granted anticipatory bail by this Court, and the case of the applicant is identical to that of the co-accused. 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 criminal antecedents registered against the present applicant, the charge-sheet has been filed in this case and the co- accused has been granted anticipatory bail by this Court vide order dated 05.05.2026 in MCRCA No.669/2026, the applicant is in jail since 06.04.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 3 7. Let applicant – Maksud Khan, involved in Crime No. 108/2026, registered at Police Station – Kotra Road, District – Raigarh (C.G.) for the offence punishable under Sections Sections 4 and 6 of the Krishak Pashu Parikshan Adhiniyam and Section 11 of Pashuyo Ke Prati Krurta Nivaran Adhiniyam, 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 4 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 Rajshekhar