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2026 DAILYLAW 34253 (CHH)

PADUMLAL NIRALA v. STATE OF CHHATTISGARH

MCRC/8088/2026 · 2026-08-31

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Judgment text

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1 CGHC010323942026 2026:CGHC:38639 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8088 of 2026 1 - Padumlal Nirala S/o Parasram Nirala Aged About 50 Years Vill. Gagoritanda, P.S. Sarsiwa Tahsil Bhatgaon District Sarangarh-Bilaigarh (C.G.) 2 - Ramji Aazad S/o Parasram Aazad Aged About 26 Years R/o Bataupali (A) P.S. Kosir Tehsil Sarangarh District Sarangarh-Bilaigarh (C.G.) ...Applicants versus 1 - State Of Chhattisgarh Through Station House Officer P.S. Sarangarh, District Sarangarh-Bilaigarh (C.G.) ... Non-applicant For Applicants : Shri Manoj Kumar Jaiswal, Advocate. For State/Non-applicant : Shri Saurabh Sahu, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.09.2026 1. The applicants have preferred this First Bail Application under NIKITA JAIN Digitally signed by NIKITA JAIN Date: 2026.09.01 17:38:26 +0530 2 Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.272/2026, registered at Police Station – Sarangarh, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 4, 6 and 10 of the Chhattisgarh Agriculture Cattle Preservation Act, 2004. 2. As per the prosecution story, in brief, is that on 07.06.2026, the complainant, who is the Secretary of the Nasha Mukt Nari Shakti Women's Group of village Chhind, along with other members of the group, had gone to village Gathiyadipa in connection with their de-addiction campaign and to prevent illegal activities. During their visit, they heard the loud bellowing of a cow coming from a nearby field. On reaching the spot, they allegedly found the applicant Ramji Azad along with co-accused persons, namely Lakeshwar Satnami and Padum Lal Nirala, in possession of the flesh of a red-coloured cow. It is alleged that the cow had been slaughtered with an axe and the flesh of its left leg had been cut and was being carried in a plastic sheet. The applicant and another person were allegedly apprehended at the spot, whereas the person who had allegedly slaughtered the cow fled from the spot on the motorcycle of co-accused Lakeshwar. Thereafter, the complainant along with the members of the women's group went to the police station and lodged a report. On the basis of the said report, Crime No.272/2026 was registered at Police Station 3 Sarangarh, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 4, 6 and 10 of the Chhattisgarh Agriculture Cattle Preservation Act, 2004 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is further submitted that the applicants have no criminal antecedents and the charge-sheet has been filed. The applicants are in jail 07.06.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties, also considering the nature of allegations, the period of custody undergone by the applicants since 07.06.2026, completion of investigation and filing of the charge-sheet, absence of criminal antecedents, I am of the opinion that the applicants are entitled to be released on bail in this case. 7. Let the applicants, Padumlal Nirala and Ramji Azad involved in Crime No.272/2026, registered at Police Station – Sarangarh, 4 District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 4, 6 and 10 of the Chhattisgarh Agriculture Cattle Preservation Act, 2004 be released on bail on their 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 applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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) 5 recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are 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 them in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. A Sd/- (Ramesh Sinha) Chief Justice Nikita