[Cites 3, Cited by 0]
Chattisgarh High Court
Gurvendra Nagarchi vs State Of Chhattisgarh on 26 February, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:10046
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1974 of 2026
Gurvendra Nagarchi S/o Gaukaran Nagarchi Aged About 29 Years R/o Village
Abhanpur, Police Station Abhanpur District - Raipur, Chhattisgarh Haal
Mukam Ambedkar Nagar, Katora Talab, Raipur Chhattisgarh
... Applicant
versus
State Of Chhattisgarh Police Station - Ratanpur, District - Bilaspur,
Chhattisgarh.
---- Non-applicant
For Applicant : Mr. Shailendra Shukla and Ms. Riddhi
Gupta, Advocates.
For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
26.02.2026
1.
The applicant has preferred this First Bail Application under Section
Digitally
RAJSHEKHAR signed by
SONI RAJSHEKHAR
SONI
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of
regular bail, as he has been arrested in connection with Crime No.
590/2025, registered at Police Station - Ratanpur, District - Bilaspur
(C.G.) for the offence punishable under Sections 4, 6 and 10 of the
C.G. Agricultural Cattle Preservation Act, 2004.
2. The case of the prosecution, is that On 10-09-2025, acting on
information from a confidential source, police intercepted an Eicer
vehicle bearing registration No. CG-04 PT-8078 at NH-130, Belpara,
while it was allegedly transporting cattle illegally from Korba towards
Ratnapur and onward to Uttar Pradesh without valid documents and in
a cruel manner. The driver fled from the spot, and one person present,
Shahrukh Qureshi, was found in the vehicle. On search, 17 cattle were
recovered, comprising 13 buffaloes, 2 buffalo calves, and 2 dead
buffaloes. On the basis of inquiry and memorandum statements, the
applicant/accused was linked to the transportation of the said cattle
and to the use of other vehicles for similar purposes. Thereafter, the
crime was registered and the applicant was arrested. 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 and there are 2
criminal antecedents registered against the applicant out of which one
has been disposed of and one is pending. It is further submitted that
the charge-sheet has been filed in this case, and the bail application of
the co-accused has been allowed by this Court vide order dated
02.01.2025 passed in MCRC No. 9403/2025. The applicant is in jail
since 12.09.2025 and trial is likely to take quite long time for its
conclusion, therefore, he prays for grant of bail.
4. On the other hand, the learned State counsel opposes the bail
application and submits that there are 2 criminal antecedents
registered against the present applicant, the charge-sheet has been
filed in this case, and the applicant is not entitled for grant of bail.
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 applicant and the
fact that there are 2 criminal antecedents registered against the
applicant out of which one has been disposed of and one is pending,
charge-sheet has been filed against the applicant and the bail
application of the co-accused has been allowed by this Court vide
order dated 02.01.2025 passed in MCRC No. 9403/2025, the applicant
is in jail since 12.09.2025 and conclusion of the trial is likely to take
some time, I am inclined to allow this application.
7. Let applicant, Gurvendra Nagarchi, involved in Crime No. 590/2025,
registered at Police Station - Ratanpur, District - Bilaspur (C.G.) for
the offence punishable under Sections 4, 6 and 10 of the C.G.
Agricultural Cattle Preservation Act, 2004, 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.
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
