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2026 DAILYLAW 30013 (CHH)

RAVJEEV MASIH @ BOBBY v. STATE OF CHHATTISGARH

MCRC/5728/2026 · 2026-07-29

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Judgment text

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1 CGHC010204482026 2026:CGHC:32980 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5728 of 2026 1 - Ravjeev Masih @ Bobby S/o Jitendra Masih Aged About 20 Years Gram- Ganeshpur, Tehsil And P.S.- Simga, Distt.- Balodabazar-Bhatapara (C.G.) 2 - Shahil Masih S/o Sanjay Masih Aged About 28 Years Gram-Ganeshpur, Tehsil And P.S.- Simga, Distt.- Balodabazar-Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station- P.S. Simga, District – Balodabazar-Bhatapara (C.G.) ---- Non-applicant For Applicants : Mr. Virendra Verma, Advocate. For Non-applicant/State : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.07.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 76/2026, registered at Police Station – Simga, District – Balodabazar- Bhatapra (C.G.) for the offence punishable under Sections Sections 325 and 3(5) of the BNS and Sections 4, 5, 10 and 11 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004. 2. The case of the prosecution, is that complainant Deepak Sahu lodged a report at Simga police station that one of his cattle had met with an RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 accident on 23.02.2026 at about 04:30 pm. When the villagers saw and informed him, he gave fodder to the cow and went to look for a vehicle for treatment. When he returned, he saw that some unknown person had slaughtered the said cattle for selling its meat. They were kept in a plastic bag and on the report, crime number 76/2026, sections 325, 3(5) BNS and sections 4,5,10,11 of The Chhattisgarh Agricultural Cattle Preservation Act, 2004. have been taken up for investigation. While searching for the whereabouts of the unknown accused, on the information of informer, accused Rajiv Masih alias Bobby, Sahil Masih, Uday Masih were caught and interrogated and separate memorandum statements of the accused and the juvenile boy were taken and the weapon used in the incident was seized. Accused 01 Rajiv Masih alias Bobby, 02 Sahil Masih have been duly arrested and the social background of the juvenile Uday Masih alias Ujjwal has been prepared. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and the charge-sheet has been filed in this case. It is further submitted that on the basis of the same memorandum statement, a total of 3 cases have been made out against the applicants and the rest two case are also listed today. The applicants are in jail since 05.04.2026 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 and submits that there are a total of 3 criminal cases registered against the present applicants, and the charge-sheet has 3 been filed in this case, and the applicants are not entitled for grant of bail. 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 applicants and the fact that on the basis of the same memorandum statement, a total of 3 cases have been made out against the applicants and the rest two case are also listed and being allowed today, the charge-sheet has been filed in this case, the applicants are in jail since 05.04.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. 7. Let applicant – Rajeev Masih @ Bobby and Shahil Masih, involved in Crime No. 76/2026, registered at Police Station – Simga, District – Balodabazar-Bhatapra (C.G.) for the offence punishable under Sections Sections 325 and 3(5) of the BNS and Sections 4, 5, 10 and 11 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004, be released on bail on his furnishing a personal bond with two sureties each 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 4 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 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