1 CGHC010304222026 2026:CGHC:34757 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7219 of 2026 Umesh Dawde S/o Shri Chaitram Dawde, Aged About 25 Years R/o Ekanaka, Ward No. 02, Nagpur, P. S. Panchgani, District Nagpur (Maharashtra) ... Applicant versus State Of Chhattisgarh Through SHO P. S. Kotwali, District – Rajnandgaon (C.G.) ... Non-applicant For Applicant(s) : Mr. Tapan Kumar Chandra, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.08.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 267/2025, registered at Police Station – Kotwali, District – Rajnandgaon (CG) for the offence punishable under Sections 4, 6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, Section 11 of Prevention of Cruelty to Animal Act, and Section 111 of the BNS. 2. The prosecution story in brief, is that on 31.05.2025, information was received at Police Station Kotwali, District Rajnandgaon regarding the smuggling of a large quantity of cattle in truck bearing number CG 04 PX-5093 and the police stopped the said truck at about 5:00 am. Seeing the police, the Umesh Davde abandoned the said truck and fled. Thereafter, the offence was registered against the applicant and RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 other co accused. Hence, this application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is submitted that a co- accused person has been granted bail by the trial Court vide order dated 17.10.2025 in B.P. No.555/2025. It is further submitted that the charge-sheet has been filed in the present case, and there are a total of 7 criminal antecedents of the applicant out of which 5 are still pending, but the applicant is in jail since 27.01.2026 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. It is further submitted that there are a total of 7 criminal cases registered against the applicant out of which 5 are stated to be pending, and the accused/applicant is involved in the smuggling of a large quantity of cattle, therefore, the applicant is 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 applicant and the fact that the charge-sheet has been filed in this case, and a co- accused person has been granted bail by the trial Court vide order dated 17.10.2025 in B.P. No.555/2025, and though there are a total of 7 criminal antecedents registered against the applicant out of which 5 are still pending, but the applicant is in jail since 27.01.2026 and 3 conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the instant bail application is allowed. 8. Let applicant – Umesh Dawde, involved in Crime No. 267/2025, registered at Police Station – Kotwali, District – Rajnandgaon (CG) for the offence punishable under Sections 4, 6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, Section 11 of Prevention of Cruelty to Animal Act, and Section 111 of the BNS, be released on bail on his furnishing a personal bond with two local 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar