1 CGHC010204502026 2026:CGHC:32978 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5442 of 2026 1 - Rajeev Masih @ Bobby S/o Jilendra Masih Aged About 20 Years R/o Gram Ganeshpur Tehsil And P.S. Simga District Balodabazar Bhatapara C.G. 2 - Shahil Masih S/o Sanjay Masih Aged About 28 Years Gram Ganeshpur Tehsil And P.S. Simga District Balodabazar Bhatapra C.G. ... Applicants versus State Of Chhattisgarh Through- Police Station P.S. Simga, District – Balodabazar-Bhatapra, 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. 88/2026, 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, 10 and 11 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004. 2. The case of the prosecution, is that On 03.03.2026 at 10.00 am, information was received from an informant that in the village RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Chaurenga forest, some unknown person had brutally killed a cow by cutting it and thrown away its body parts. On receiving the information, the accompanying staff and witnesses reached the spot and saw that four heads of cows, whose colour was black and white and two red, four legs whose colour was black and red and 02 cow skins whose colour was black and red, were found lying around the spot. A spot panchnama was prepared in front of the witnesses on the spot. Later, by informing through mobile, the veterinary doctor Simga got the postmortem of the body parts of the cows done and the veterinary doctor told that the death of the said cows was three to four days old. After preparing the burial panchnama in front of the witnesses, the body parts of the cows were buried with respect. An unknown accused had killed a cow and thrown away its body parts It has been thrown in different places. In this case, on the spot, Sub Inspector Kishore Seth of Police Help Centre, Damakheda, came to the police station with a rural complaint on zero and registered original number crime number 88/2026 under section 325, BNS 4,10,11 The Chhattisgarh Agricultural Cattle Preservation Act, 2004. and during investigation, according to the memorandum statement of the accused of crime number 135/2026 of Simga police station, Rajiv Masih alias Bobby Sahil Masih of village Ganeshpur along with Uday Masih had brutally slaughtered cows in village Mandhar Khar, Adbandha Main Road and Darchura and cut their meat for sale. On receiving this information, the accused were interrogated and separate memorandum statements were taken from the accused and the juvenile boy and the weapon used in the incident was seized. The accused, Rajiv Masih alias Bobby and Sahil Masih, have been duly arrested, and a social background report has been 3 prepared for the juveniles in conflict with law, Aditya Masih and Uday Masih alias Ujjwal. 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 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. 4 7. Let applicant – Rajeev Masih @ Bobby and Shahil Masih, involved in Crime No. 88/2026, 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, 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 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. 5 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