MCRC/10339/2026 of JITENDRA KUMAR JAISWAL Vs STATE OF CHHATTISGARH on 4 November 2026

1. Since all these applications are arising out of same crime number, therefore, they are being heard together and dispose off by this order.

2. Applicants have filed these first bail applications under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as they have been arrested in connection with Crime No. 110 of 2026 registered at Police Station – Raghunathnagar, District Balrampur-Ramanujganj (C.G.) for offence punishable under Sections 111(2) of BNS, 2023, Section 4, 6, 10 of Chhattisgarh Agricultural Cattle Preservation Act, 2004, and Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960.

3. Case of prosecution in brief is that on 16.09.2026, during a village patrol, the police received secret information that certain persons were illegally transporting buffaloes through a forest route from village Kesari towards Uttar Pradesh for slaughter after subjecting them to cruelty. Based on the information, police reached the spot, where accused Deepak Sonwani was apprehended, while the other persons fled upon seeing the police. A total of 34 buffaloes, valued at approximately ₹ 6,80,000/-, were seized from their possession in the presence of witnesses. During interrogation, accused Deepak Sonwani allegedly disclosed that he, along with co-accused Sanjay Sonwani, applicant- Manikchand Sonwani, Ashok Sonwani, applicant-Jitendra Jayswal, Gaurav Jayswal and Dev Kumar Sonwani, was involved in illegally transporting cattle for slaughter. Based on which, aforementioned crime was registered, and accused Deepak was arrested.

4. Learned counsel for applicants submits that applicants have been falsely implicated in the crime, they have made accused only on the basis of memorandum statement of Deepak Sonwani. Applicants were not found present on the spot at the time when police had intercepted the persons with the cattles. Applicants are in jail since 01.10.2026, 09.10.2026 and 10.10.2026 respectively. No further custodial interrogation is required. Hence, they may be enlarged on regular bail.

5. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicants and further submits that applicants are having other criminal antecedents of similar nature. He however does not dispute the submission of learned counsel for applicants that applicants have been made accused on the basis of memorandum statement of co-accused.

6. I have heard learned counsel for the parties and perused the documents placed on record.

7. Taking into consideration facts and circumstances of the case, nature of allegation, submission made by learned counsel for the parties and further that applicants have been arrested based on the memorandum statement of co-accused, they may be interrogated by the police, without commenting anything on merits of the case, I am inclined to allow these applications.

8. Accordingly, bail applications are allowed. It is directed that the applicants shall be released on regular bail, upon each of them furnishing bail bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- (a) 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.

(b) 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 him under Section 269 of Bharatiya Nyaya Sanhita.

(c) In case, the applicant misuses the liberty of bail during trial and in order to secure their 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 them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita.

(d) 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) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants 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.

9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu) pwn

JUDGE