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2026 DAILYLAW 28518 (CHH)

PUSAU RAM YADAV v. STATE OF CHHATTISGARH

MCRC/6441/2026 · 2026-07-21

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1 CGHC010270062026 2026:CGHC:31179 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6441 of 2026 Pusau Ram Yadav S/o Laxman Yadav, Aged About 36 Years R/o House No. 45, Semara, P. S. Abhanpur, Dist. Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer (S.H.O.) P.S. - Gobranawapara, Dist. - Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Anway Tiwari, Advocate. (through video-conferencing). For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.07.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 176/2026 registered at Police Station - Gobranawapara, District - Raipur (C.G.), for the offence punishable under Sections 303(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 17.06.2026, the complainant, Daulat Yadu, a farmer residing at Village Champaran, released his cattle for grazing at about 8:00 A.M. His livestock comprised five cows and two pregnant Murrah buffaloes, which were taken towards the Semra Khar area. In the evening, only the five cows returned to his PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.23 13:20:28 +0530 2 house, while the two pregnant Murrah buffaloes, collectively valued at Rs.1,50,000/-, were found missing. On the following day, i.e., 18.06.2026, the complainant searched for the missing buffaloes near the Hanuman Temple at Semra Khar. During the search, some local herdsmen informed him that they had seen certain unknown persons taking away the two Murrah buffaloes. Despite making extensive inquiries and searching the surrounding area, the complainant could not trace the buffaloes. Suspecting that the buffaloes had been stolen by unknown persons, he lodged a report at the concerned police station. Thereafter, a case was registered against unknown persons, and during the course of investigation, the present applicant came to be implicated in the case. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant has no previous criminal antecedents and the applicant is in judicial custody since 21.06.2026 and the conclusion of the trial is likely to take considerable time and, therefore, the applicant deserves to be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the charge-sheet has not been filed in the present case. 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, nature and gravity of the offence, period of detention of the applicant since 21.06.2026, the applicant has no previous criminal antecedents, and the charge-sheet has not been filed, this Court is inclined to allow the present bail application. 7. Accordingly, the bail application of the applicant is allowed. 3 8. Let the applicant – Pusau Ram Yadav, involved in Crime No. 176/2026 registered at Police Station - Gobranawapara, District - Raipur (C.G.), for the offence punishable under Sections 303(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, 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 4 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dirurt fo forthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Preeti