1 CGHC010271252026 2026:CGHC:32891 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6895 of 2026 Suresh Kumar Sahu S/o Mansha Ram Sahu Aged About 40 Years R/o - Ojhagahan, Tehsil- Gurur, District- Balod, C.G. ... Applicant(s) versus State Of Chhattisgarh Through- S.H.O. Police Station Arjunda, District- Balod, C.G. ---- Non-Applicant(s) For Applicant : Mr. Avinash Chand Sahu, Advocate For Non-Applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/07/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No.153/2024, registered at Police Station – Arjunda, District – Balod (C.G.) for the offences punishable under Sections 4, 6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004 and Section 11(1)(D) of the Prevention of Cruelty to Animals Act, 1960. 2. As per the prosecution case, in brief, on 27.07.2024, the police KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 party, while on night patrolling, received a secret information that certain persons were transporting cattle in Tata Eicher Truck No. MH-49-AT-4280 from Gunderdehi via Kamaroud towards Arjunda for being taken to a slaughter house in the State of Maharashtra. Acting upon the said information, the police intercepted the vehicle and found 32 cattle being transported in a cruel manner without any arrangement for food or water. During investigation, co-accused disclosed that they were transporting the cattle on the instructions of the present applicant. The cattle, vehicle and other articles were seized. After completion of investigation, charge-sheet was filed against the arrested accused persons, whereas the present applicant could not be apprehended and was shown as absconding. Subsequently, the applicant was arrested on 24.06.2026 and has since been in judicial custody. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is contended that the applicant was neither named in the FIR nor was any incriminating article recovered from his possession. His name has surfaced only on the basis of the memorandum statement of the co- accused, which by itself has no evidentiary value. It is further submitted that no overt act of transportation of cattle has been attributed to the applicant. The applicant is the sole earner of his family and has been in custody since 24.06.2026. It is also submitted that the charge-sheet has already been filed and no further custodial interrogation is required. It is further submitted that though the applicant has two criminal antecedents, both the said 3 cases have already been disposed of. Therefore, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the allegations against the applicant are serious in nature. It is submitted that though the incident pertains to the year 2024, the present applicant deliberately evaded arrest and remained absconding for a considerable period and was arrested only on 24.06.2026. Owing to his abscondence, he could not be arrested during the course of investigation. It is further submitted that the conduct of the applicant clearly demonstrates that he was avoiding the process of law and, therefore, he is not entitled to the discretionary relief of bail. Hence, the present bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary as well as the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the allegations levelled against the present applicant and the material collected during the course of investigation and the fact that the incident pertains to the year 2024 and the applicant could be arrested only on 24.06.2026 after remaining absconding for a considerable period, coupled with the likelihood that in the event of his release on bail he may again evade the process of law and abscond and also the applicant had two criminal antecedents and both cases have already been disposed of but looking to the conduct of the applicant, this Court is of the considered opinion that the applicant does not deserve the 4 discretionary relief of regular bail and therefore, I am not inclined to grant bail to the applicant. 7. Accordingly, the bail application of applicant – Suresh Kumar Sahu, involved in Crime No.153/2024, registered at Police Station – Arjunda, District – Balod (C.G.) for the offences punishable under Sections 4, 6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004 and Section 11(1)(D) of the Prevention of Cruelty to Animals Act, 1960, is hereby rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal