Chattisgarh High Court
Harilal Rathore vs State Of Chhattisgarh on 6 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1 2026:CGHC:15544 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2991 of 2026 1 - Harilal Rathore S/o Jankisharan Rathore, Aged About 46 Years R/o Village
-Darmohli Police Station Gaurela, Dist. Gaurela- Pendra- Marwahi (C.G.) 2 - Ratan Singh Gond, S/o Nandlal Gond Aged About 48 Years R/o Village Darmohli, Police Station Gaurela, District Gaurela- Pendra- Marwahi (C.G.) 3 - Dinesh Kashyap S/o Darbari Kashyap, Aged About 36 Years R/o Village Navagaon Police Station Lormi, District Mungali (C.G.) ... Applicants versus State Of Chhattisgarh Through Police Station Marwahi, District - Gaurela- Pendra-Marwahi (C.G.)
---- Non-applicant For Applicant : Mr. Sangeet Kumar Kushwaha, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 06.04.2026 RAJSHEKHAR SONI Digitally signed 1. The applicants have preferred this First Bail Application under Section by RAJSHEKHAR SONI 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 19/2026, registered at Police Station - Marwahi, District - Gaurela- Pendra-Marvahi (C.G.) for the offence punishable under Sections 4, 6 and 10 of C.G. Agriculture Cattle Preservation Act, 2004, Section 11 of Animal Prevention of Cruelty Act, and Section 111 of the BNS.
2. The case of the prosecution, is that on 09.02.2026, the Mukbir informed 2 that some persons were taking cattle through the forest route without valid documents, causing cruelty to the animals. On receiving the information, a police team along with staff proceeded towards the forest route of village Salheghota Badkatal and found 06 persons herding cattle in a cruel manner by beating them and forcing them to walk on foot. On seeing the Police party, 02 persons fled away into the forest, while 04 persons were apprehended on the spot. On interrogation, they disclosed their names as Harilal Rathore, Dinesh Kashyap, Vishnu Prasad Dhruv and Ratan Singh Gond. They further disclosed the names of the absconding persons as Lalla Prasad Vasudev (son of Shankarlal) and Gokul Kurmi (son of Bhanugiri). On being asked to produce valid documents relating to ownership and transportation of cattle, they failed to produce any legal papers. It was found that the cattle were being transported on foot for sale at Mungeli market, after subjecting them to cruelty and physical assault. Hence, this application.
3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there is no criminal antecedents registered against the present applicants. It is further submitted that the charge-sheet has not been filed in this case, but two co-accused persons have been granted anticipatory bail by this Court vide order dated 24.03.2026 and 02.04.2026 passed in MCRCA No.443/2026 and 488/2026, and one co-accused has been granted regular bail by this Court vide order dated 25.03.2026 passed in MCRC No. 2797/2026. The applicants are in jail since 10.02.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for 3 grant of bail.
4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has not been filed in this case, and the investigation is still going on, but could not dispute the fact that the co-accused persons have been granted bail by this Court, and the case of the applicants 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, nature and gravity of allegation levelled against the applicants and the fact that there is no criminal antecedents registered against the present applicants, though charge-sheet has not been filed against the applicants, but two co-accused persons have been granted anticipatory bail by this Court vide order dated 24.03.2026 and 02.04.2026 passed in MCRCA No.443/2026 and 488/2026, and one co-accused has been granted regular bail by this Court vide order dated 25.03.2026 passed in MCRC No. 2797/2026, the applicants are in jail since 10.02.2026 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 applicants, Vishnu Prasad Dhruv, involved in Crime No. 19/2026, registered at Police Station - Marwahi, District - Gaurela-Pendra- Marvahi (C.G.) for the offence punishable under Sections 4, 6 and 10 of C.G. Agriculture Cattle Preservation Act, 2004, Section 11 of Animal Prevention of Cruelty Act, and Section 111 of the BNS, be released on bail on his furnishing a personal bond with two sureties in the like 4 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.
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