1 2026:CGHC:6319 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1249 of 2026 1 - Sheikh Javed Qureshi S/o Bismillah Khan Aged About 55 Years R/o Azad Nagar, Nai Basti, Teka Nagpur, District- Nagpur, (M.H.) 2 - Ganesh Singh Thakur S/o Pratap Singh Aged About 54 Years R/o Diamond Nagar, Yellow River Road, Nagpur, District- Nagpur, (M.H.) (Particulars of the applicants is not properly mentioned in the first page of impugned order sheet correct details is being mentioned as per Chargesheet) ... Applicants versus State Of Chhattisgarh Through- S H O Police Station Simga, District- Balodabazar- Bhatapara, C.G. (Particulars of the non-applicant is not properly mentioned in the first page of impugned order sheet correct details is being mentioned as per Chargesheet) ... Respondent For Applicants : Shri Aman Tamrakar, Advocate. For Respondent/State : Ms. Vaishali Mahilong, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/02/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.05 14:23:46 +0530 2 grant of regular bail to the applicants who have been arrested in connection with Crime No.184/2017 registered at Police Station Simga, District - Balodabazar -Bhatapara (C.G.) for the offence punishable under Sections 4, 6,10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004 and Section 48, 50, 52, 54(1)(2)(3) of छ.ग. प पवहन अ नयम 1978. 2. Case of the prosecution, in brief, is that on 16.06.2017, the complainant Gagan Tiwari received information through phone that truck number CG 04-JA-5481 was illegally carrying cattle to slaughter house in Nagpur. Upon receiving this information, Gagan Tiwari along with his friends reached near Farm(Khet) of babbu bhatiya. At that time, the truck was being driven towards Dharsiwa. When they overtook the truck, the truck driver taking advantage of the night he left the truck and ran away, while searching inside the truck, they saw that it was loaded with 13 male buffalo and 5 female buffalo total 18 agricultural buffaloes. On the report of the complainant, a crime was registered and taken into investigation. On the basis of above the entire investigation, collected evidence, statements of witnesses, site inspection on finding evidence of crime against the accused persons a challan has been presented before the court under section 173 (8) of the CrPC was presented on 04.07.2025 and declared the applicants as absconding in the case and later on Sheikh Javed Qureshi and Ganesh Singh Thakur were arrested 3 on 24.11.2025 and presented before the court from where they are in judicial custody. 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 allegation for transportation of animal against the present applicants and no any incriminating article has been seized from the possession of present applicants. He would submit that earlier the applicants were arrested on 23.08.2025 in different crime no. i.e 159/2017 registered in Police Station Simga, District Balodabazar Bhatapara (C.G) and they had preferred a regular bail application before this Court in MCRC No.8444/2025 they were enlarged on bail vide order dated 19.11.2025. He would submit that the charge sheet has been filed in this case, the applicants are in jail since 24/11/2025 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 and the applicants have two criminal antecedents of similar nature, therefore they are not entitled to be released on bail. 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, 4 nature of allegation levelled against the applicants, period of detention of the applicants since 24/11/2025, 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 the Applicants- Sheikh Javed Qureshi & Ganesh Singh Thakur, involved in Crime No.184/2017 registered at Police Station Simga, District - Balodabazar -Bhatapara (C.G.) for the offence punishable under Sections 4, 6,10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004 and Section 48, 50, 52, 54(1)(2)(3) of छ.ग. प पवहन अ नयम 1978, be released on bail on each of them 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 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, 5 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 fails 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/- (Ramesh Sinha) CHIEF JUSTICE gouri