1 CGHC010322002026 2026:CGHC:37597 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7805 of 2026 Umesh Dawde S/o Shri Chaitram Dawde Aged About 44 Years R/o H.No. 06, Ward No. 01, Near Government Fair Price Shop Dhamangaon, P.S. And Tahsil Punasa, District- Khandawa (M.P.) At Present Tekanaka, P.S. Pasapauli, District- Nagpur (Maharashtra) ... Applicant versus State Of Chhattisgarh Through SHO, Police Station Pamgarh, District – Janjgir-Champa (C.G.) ---- Non-applicant For Applicant : Mr. Tapan Kumar Chandra, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.08.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 559/2024, registered at Police Station – Pamgarh, District – Janjgir- Champa (C.G.) for the offence punishable under Sections 4, 6 and 10 of Chhattisgarh Agricultural Cattle Preservation Act, Section 11(D) of Prevention of Cruelty to Animal Act, 1960, and Section 325 of the BNS. 2. The case of the prosecution, is that in the midnight of 20.12.2024 to 21.12.2024, at between Village Jorella to Dhabadih, cattle were parked at field and the applicant loading the cattle in truck bearing No. MP-50- RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 H-1399, they were illegally transporting the agricultural cattle, thereafter, the offence was registered against the applicant and other co-accused. Thereafter, the applicant was arrested and the crime was registered. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that there are 7 criminal antecedents of the applicant out of which 5 are said to be pending. It is further submitted that the co- accused persons have already been granted anticipatory bail and regular bail respectively by this Court vide orders dated 14.02.2025 and 18.02.2025 passed in MCRCA No.230/2025 and MCRC No.1366/2025. The applicant is in jail since 05.06.2026 and trial is likely to take quite long time for its conclusion, therefore, on the ground of parity he may be granted bail. 4. On the other hand, learned State counsel opposes the bail application of the applicant, but could not dispute the fact that co-accused persons have already been granted anticipatory and regular bail by this Court and the case of the present applicant is identical to that of the co- accused. 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, and the fact that there are 7 criminal antecedents of the applicant out of which 5 are said to be pending, the co-accused persons have already been granted anticipatory bail and regular bail respectively by this 3 Court vide orders dated 14.02.2025 and 18.02.2025 passed in MCRCA No.230/2025 and MCRC No.1366/2025, and the applicant is in jail since 05.06.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application, on the ground of parity. 7. Let applicant – Umesh Dawde, involved in Crime No. 559/2024, registered at Police Station – Pamgarh, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 4, 6 and 10 of Chhattisgarh Agricultural Cattle Preservation Act, Section 11(D) of Prevention of Cruelty to Animal Act, 1960, and Section 325 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 4 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