Bhatapara C.G v. The State Of Chhattisgarh Through S H O, Thana
Case Details
1 2025:CGHC:48514 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7604 of 2025 1. Nirupa Masih W/o Sugan @ Sulehan Masih Aged About 33 Years R/o Village- Ganeshpur, Thana/Tahsil- Simga, Distt.- Baloda Bazar- Bhatapara C.G. 2. Lalu @ Rupendra Masih S/o Arvind Masih Aged About 23 Years R/o Village- Ganeshpur, Thana/Tahsil- Simga, Distt.- Baloda Bazar- Bhatapara C.G. 3. Sunil Masih S/o Sant Masih Aged About 29 Years R/o Village- Ganeshpur, Thana/Tahsil- Simga, Distt.- Baloda Bazar-Bhatapara C.G. ... Applicants versus The State Of Chhattisgarh Through S H O, Thana - Simga, Distt.- Baloda Bazar-Bhatapara C.G. ... Non-Applicant For Applicants
Legal Reasoning
: Mr. Arvind Prasad, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice 22.09 .202 5 Order on Board 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with 2 Crime No. 15/2025, registered at Police Station – Simga District- Baloda-Bazar-Bhatapara(C.G.) for the offence punishable under Sections 325, 3(5) and 111 of Bharatiya Nyaya Sanhita, 2023 and under Sections 4,5, 10 and 11 Chhattisgarh Agricultural Cattle Preservation Act, 2004 and Section 11 of Prevention of Cruelty to Animals Act. 2. The case of the prosecution, in brief, is that on 07.01.2025, during village patrolling, information was received from an informer that certain residents of Dwan Ganeshpur were slaughtering cows and cutting meat near the Mahapur Bandha pond. This information was shared with witnesses Prakash Masih and Jaywant Masih, and a panchnama was prepared on the boat. A raid was subsequently conducted at the said location by the police team along with the witnesses. On seeing the police, several individuals fled, but one person was found cutting cow meat. Upon questioning, he identified himself as Naresh Ram, S/o Biraj Rai, aged 52 years, resident of Ganeshpur, P.S. Simga, District Balodabazar-Bhatapara (C.G.). He confessed that he, along with Lalu Masih, Nitya Masih, Goldy Masih, Jimmy Masih, Baba Masih, Mojesh alias Baburao Masih, Anil Masih, and Sunil Masih, had captured a red calf from Deephar and slaughtered it near the Bandha pond by striking it on the head with a tangia (axe). Naresh Ram was served a notice under Section 94 of the B.N.S.S. to produce any valid documents related to the slaughter, but he admitted having none. A red calf (approx. 150 kg, half-skinned), along with a tangia and a knife with wooden handles, collectively valued at Rs.13,000, were recovered in the presence of 3 witnesses and duly sealed. The accused was arrested on the spot, and an FIR was registered under Section 325 and Section 3(5) of the BNS, along with Sections 4, 5, 10, and 11 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004. During the course of investigation, Section 111 BNS (organized crime) was also added, based on findings that the act constituted an organized crime. The absconding accused were later apprehended, and their memorandum statements confirmed their involvement under Section 111 BNS. Due to the sensitive nature of the case, the FIR was not filed. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. He further submitted that the names of the applicants have come into light in the memorandum statements of the co-accused persons, whose bail have already been granted by this Court vide order dated 19.03.2025 passed in MCRC No. 1530/2025. He also submitted that the applicant No. 1 has no previous criminal antecedent, applicant No.2 has two previous criminal antecedents,
Decision
which are disposed of and applicant No. 3 has two previous criminal antecedents, one case is disposed of and another case is pending, the charge-sheet has been filed in this case and the applicant Nos. 2 and 3 are in jail since 06.08.2025 and applicant No.1 is in jail since 10.08.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail 4 application of the applicants but could not dispute the fact that the co-accused persons have already been granted bail by this Court. 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, the nature and gravity of the allegations levelled against the applicants, and the fact that the names of the applicants have come into light in the memorandum statements of the co-accused persons, whose bail have already been granted by this Court vide order dated 19.03.2025 passed in MCRC No. 1530/2025, further the applicant No. 1 has no previous criminal antecedent, applicant No.2 has two previous criminal antecedents, which are disposed of and applicant No. 3 has two previous criminal antecedents, one case is disposed of and another case is pending, the charge-sheet has been filed in this case and the applicant Nos. 2 and 3 are in jail since 06.08.2025 and applicant No. 1 is in jail since 10.08.2025, and the conclusion of the trial is likely to take some time, this Court is of the view that the applicants are entitled to be granted regular bail in this case on the ground of parity. 7. Accordingly, the bail application is allowed. Let applicant Nos. 1, 2, and 3 - Nirupa Masih, Lalu @ Rupendra Masih and Sunil Masih, respectively involved in Crime No. 15/2025, registered at Police Station – Simga District- Baloda-Bazar-Bhatapara(C.G.) for the offence punishable under Sections 325, 3(5) and 111 of Bharatiya Nyaya Sanhita, 2023 and under Sections 4,5, 10 and 11 Chhattisgarh Agricultural Cattle Preservation Act, 2004 and Section 5 11 of Prevention of Cruelty to Animals Act, be released on bail on his 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 their 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 misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants 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 applicants shall remain present, in person, 6 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 them 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. Preeti Sd/-/- (Ramesh Sinha) Chief Justice