Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 31124 (CHH)

GHANSHYAM PAL v. STATE OF CHHATTISGARH

MCRC/7166/2026 · 2026-08-04

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010255592026 2026:CGHC:34155 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7166 of 2026 Ghanshyam Pal S/o Madan Pal Aged About 34 Years R/o Yashodhara Nagar Nagpur Police Station Yashodhara District Nagpur Maharashtra (Description Of Applicant Is Mentioned As Per Charge Sheet) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Simga District Balodabazar-Bhatapara Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Anshuman Shrivastava, Advocate. For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.08.2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 16/2025 registered at Police Station Simga District Balodabazar- AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Bhatapara (C.G.) for the offences punishable under Sections 325, 3(5), 111, of the Bhartiya Nyaya Sanhita, 2023 and Section 4, 6, 7, 9, 10, 11 of the Chhattisgarh Krishak Pashu Parirakshan Adhiniyam and 48 and 52 of Pashu Parivahan Adhiniyam and Section 49, 49(A), 50, 11 of the Prevention of Cruelty to Animal Act and Section 39, 192, 146/196, 3/181, 56/192, 184, 65/195 of the Motor Vehicle Act. 2. Case of the prosecution, in brief, is that on 08.01.2025 at about 4:30 A.M., the police of Police Station Simga, District Balodabazar– Bhatapara (C.G.), received secret information that a large number of cattle were being transported from Village Kirwai in an Eicher truck bearing registration No. MH-40-CM-6089 in a cruel manner, without fodder or water, for the purpose of being taken to a slaughterhouse. Acting upon the said information, the police intercepted and searched the vehicle in the presence of independent witnesses and found 40 cattle, out of which 32 were alive and 8 were dead. The cattle and the vehicle were seized in accordance with law. During the course of investigation, it was alleged that the present applicant, Ghanshyam Pal, along with co-accused Mohd. Irshad Ansari, Rewat @ Kundar Kathale and Rakesh Joshi, was involved in the illegal transportation of the cattle. The applicant was allegedly driving the aforesaid truck at the time of the incident. Upon completion of the investigation, a charge-sheet was filed against the applicant and the co-accused for the alleged offence. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail 3 application of the applicant was rejected by this Court on merits vide order dated 21.03.2025 in MCRC No.2272 of 2025 against which the applicant preferred Special Leave to Appeal (Crl.) No.9224 of 2025 before the Hon'ble Supreme Court, which also came to be dismissed vide order dated 28.08.2025, therefore this second bail application is filed on the ground that the applicant is in jail since 08.01.2025 and the charge-sheet has already been filed, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant was driving and owning the truck used for illegally transporting 40 cattle, including 8 dead and 32 live cattle, in a cruel manner without fodder or water for the purpose of slaughter, in violation of the provisions of the relevant penal and special enactments. Furthermore, the applicant has three criminal antecedents of identical nature, which shows that the applicant is a habitual offender and is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 21.03.2025 in MCRC No. 2272 of 2025 on the ground that the applicant has three criminal antecedents of identical nature, being aggrieved thereby, the applicant preferred Special Leave to Appeal (Crl.) No.9224 of 2025 before the Hon'ble Supreme Court, which also came to be dismissed 4 vide order dated 28.08.2025, considering the fact that the said three identical criminal cases are still pending against the applicant, which shows that the applicant is the habitual offender and has misused the liberty of bail granted to him earlier, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. 7. Accordingly, the second bail application of the applicant - Ghanshyam Pal, involved in Crime No. 16/2025 registered at Police Station Simga District Balodabazar-Bhatapara (C.G.) for the offences punishable under Sections 325, 3(5), 111, of the Bhartiya Nyaya Sanhita, 2023 and Section 4, 6, 7, 9, 10, 11 of the Chhattisgarh Krishak Pashu Parirakshan Adhiniyam and 48 and 52 of Pashu Parivahan Adhiniyam and Section 49, 49(A), 50, 11 of the Prevention of Cruelty to Animal Act and Section 39, 192, 146/196, 3/181, 56/192, 184, 65/195 of the Motor Vehicle Act, is 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. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil