1 CGHC010328352026 2026:CGHC:38117 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7901 of 2026 Khammanal Kurre S/o Late Digambar Das Kurre Aged About 45 Years R/o Village - Gudguda, Police Station - Arang, District Raipur Chhattisgarh ... Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station - Arang, District Raipur Chhattisgarh ... Respondent(s) For Applicant : Ms. Divya Sahu, Advocate. For Non-applicant/State : Ms. Sameeksha Gupta, P.L. HON'BLE MR. RAMESH SINHA, CHIEF JUSTICE ORDER ON BOARD 25.08.2026 1. This is the 1st 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. 248/2026 registered at Police Station – Arang, District- Raipur (C.G.), for the offences under Sections 4, 6 and 10 of Chhattisgarh Agricultural Animals Protection Act, SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.08.25 16:16:11 +0530 2 2004 and 66/192 of the Motor Vehicle Act. 2. That, the case of the prosecution, in brief, is that on 09.05.2026, at about 12:30 a.m., Police Station Arang received information from an informant that cattle were being transported for illegal trafficking in a Mazda vehicle bearing registration No. UP-83-CT-8790 from the direction of Village Gudguda. On the basis of the said information, the police of Police Station Arang intercepted and stopped the said vehicle. It was alleged that 19 buffaloes were being transported in the vehicle in a cramped and congested manner. According to the prosecution, taking advantage of the darkness, the accused persons fled from the spot. Thereafter, Police Station Arang registered First Information Report bearing Crime No. 248/2026 for the offences punishable under Sections 4, 6 and 10 of the Chhattisgarh Agricultural Animals Protection Act, 2004, and Section 66/192 of the Motor Vehicles Act, and investigation was initiated. During the course of investigation, the accused persons were arrested on 11.06.2026, and the charge-sheet was filed on 08.08.2026. A copy of the FIR bearing Crime No. 248/2026 is filed herewith as Annexure A/2. On the basis of aforesaid, offence was registered against the applicant. Hence this bail application. 3 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant has been in custody since 11.06.2026. It is further submitted that the prosecution case is primarily based upon the allegation that 19 buffaloes were being transported in a Mazda vehicle in a cramped and congested manner and that the applicant is alleged to have been involved in the said transportation. It is submitted that there is no allegation of any assault or injury to any person in the present case. Learned counsel further submits that the alleged vehicle has already been intercepted and the investigation has been completed. The applicant has no criminal antecedents, and there is no likelihood of his absconding or tampering with the prosecution evidence. The trial is likely to take considerable time to conclude. Hence, considering the facts and circumstances of the case, the period of custody already undergone, and the fact that the charge-sheet has been filed, it is prayed that the applicant be released on 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 further submitted that the applicant is alleged to have been involved in the illegal 4 transportation of 19 buffaloes in a Mazda vehicle in a cramped and congested manner, in violation of the provisions of the Chhattisgarh Agricultural Animals Protection Act, 2004. Learned State counsel further submits that the applicant was arrested during the course of investigation. He submits that, considering the nature of the allegations and the material collected during the investigation, the applicant does not deserve the benefit of bail. Hence, the application for grant of bail deserves to be rejected. 5. Considering the submissions advanced by learned counsel for the parties, the nature of the allegations, the period of pre- trial detention, the fact that the applicant has been in custody since 11.06.2026, and further considering that the investigation has been completed and the alleged vehicle has already been intercepted, this Court, having regard to the overall facts and circumstances of the case and the likelihood of the trial taking considerable time to conclude, and without expressing any opinion on the merits of the case, is of the considered opinion that the Applicant deserves to be enlarged on bail. Accordingly, the application is allowed. 6. Let Applicant- Khammanlal Kurre involved in Crime No. 248/2026 registered at Police Station – Arang, District- Raipur (C.G.), for the offences under Sections 4, 6 and 10 of 5 Chhattisgarh Agricultural Animals Protection Act, 2004 and 66/192 of the Motor Vehicle Act be released on bail on his furnishing a personal bond with two 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 trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 6 7. 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 Saurabh