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2026 DAILYLAW 27796 (CHH)

JEESHAN HUSAIN v. STATE OF CHHATTISGARH

MCRC/4196/2026 · 2026-07-19

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1 CGHC010170932026 2026:CGHC:30717 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.4196 of 2026 Jeeshan Husain S/o Mastana Husain, Aged About 25 Years R/o - Village Bandega, Police Station -Talsara -District Sundargarh, (Odissa). ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Out Post - Kotba Police Station Bagbahar -District -Jashpur C.G. ...Non-applicant _____________________________________________________ For Applicant :Mr. Dinesh Yadav, Advocate. For Non-applicant/State:Mr. Shailendra Sharma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.07.2026 1. The Applicant has preferred this 1st 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.25/2026 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.21 17:57:56 +0530 2 Station Out Post Kotba, Bagbahar, District Jashpur (C.G.), for the offences under Sections 4, 5 and 10 of CG Agricultural Cattle Preservation Act, 2004. 2. Briefly stated, the facts of the case are that on 20.03.2026, acting on secret information that the Applicant was transporting beef for sale in an Alto car bearing registration No.OR-14G-3271, the police laid a blockade and intercepted the vehicle near Kotba. Upon search, 60 kilograms of suspected beef, packed in plastic bags and kept inside the vehicle, valued at Rs.12,000/-, was recovered and seized from the possession of the Applicant. On the basis of the said recovery, the present offences were registered against the Applicant. Hence, this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is contended that the alleged contraband beef has not been recovered from the conscious possession of the Applicant and that the prosecution has not placed any material on record to conclusively establish that the seized substance was beef. It is further submitted that the Applicant has no criminal antecedents, is in custody since 21.03.2026, the investigation is complete, the charge-sheet has been filed and the trial is likely to take considerable time for its 3 conclusion, therefore, he may be granted regular bail. 4. On the other hand, learned State Counsel opposes the bail application. 5. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the material available in the case diary, the period of custody of the Applicant since 21.03.2026 and the trial is likely to take considerable time for its conclusion, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 6. Let Applicant-Jeeshan Husain involved in Crime No.25/2026 registered at Police Station Out Post Kotba, Bagbahar, District Jashpur (C.G.), for the offences under Sections 4, 5 and 10 of CG 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/s shall file an undertaking to the effect that he/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. 4 (ii) The applicant/s shall remain present before the trial court on each date fixed, either personally or through his/their counsel. In case of his/their absence, without sufficient cause, the trial court may proceed against him/them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant/s misuse/s the liberty of bail during trial and in order to secure his/their presence, proclamation under Section 84 of BNSS. is issued and the applicant/s fail/s to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant/s 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/s 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/them in accordance with law. 7. 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 Priya