Chattisgarh High Court
Jamhir Korwa vs State Of Chhattisgarh on 26 May, 2026
1
2026:CGHC:23485
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 4931 of 2026
GOURI
MUDALIAR 1 - Jamhir Korwa S/o Mooli Korwa Aged About 41 Years Village-
Digitally signed
by GOURI Chaorpani, Dumardih, Police Station- Dhaurpur, Tehsil- Dhaurpur,
MUDALIAR
Date: 2026.05.26
17:40:53 +0530
District : Surguja (C.G.)
2 - Deepak Ram S/o Shivkumar Aged About 23 Years Village-
Chaorpani, Dumardih, Police Station- Dhaurpur, Tehsil- Dhaurpur,
District : Surguja (C.G.)
3 - Lalsai Korwa S/o Ramsai Korwa Aged About 50 Years Village-
Chaorpani, Dumardih, Police Station- Dhaurpur, Tehsil- Dhaurpur,
District : Surguja (C.G.)
... Applicants
versus
State Of Chhattisgarh Through- S. H. O. Police Station- Dhaurpur,
District : Surguja (C.G.)
... Respondent
For Applicants : Shri Chitendra Singh, Advocate (through VC).
For : Ms. Vaishali Mahilong, Dy.G.A.
Respondent/State
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Hon'ble Mr. Justice Bibhu Datta Guru
Order on Board
26/05/2026
1. This is the first bail application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for
grant of regular bail to the applicants who have been arrested in
connection with Crime No.15/2026 registered at Police Station
Dhaurpur, District – Sarguja (C.G.) for the offence punishable
under Sections 325, 3(5) of Bharatiya Nyaya Sanhita, 2023 &
Section 4,6,10 of Chhattisgarh Agricultural Cattle Preservation
Act, 2004, Section 11 of The Prevention Of Cruelty to Animals Act,
1960.
2. Case of the prosecution, in brief, is that the applicants have
purchased a cow and its calf from village-Kachhar for sum of
Rs.2500/- and took the animals to Cave of Garhamuta mountain
at village Chaorpani, thereafter killed the animals with the help of
sickle and had eaten their meat. Thereafter, on the basis of
memorandum statement of the Applicants/Accused and further
investigation commission of offence under aforementioned
sections were found against the accused persons, therefore
Crime No.15/2026 was registered at Police Station-Dhaurpur for
offence punishable u/s 325, 3(5) of Bharatiya Nyaya Sanhita,
2023 & Section 4,6,10 of Chhattisgarh Agricultural Cattle
Preservation Act, 2004, Section 11 of The Prevention Of Cruelty
to Animals Act, 1960. Thereafter, the applicants were arrested on
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06.04.2026 and presented before the concern court from where
they were sent on judicial custody. Hence this bail application.
3. Learned counsel for the applicants submits that the applicants are
innocent and they have been falsely implicated in this case. He
would submit that there is no seizure or recovery of dead body of
the calf and cow. He would further submit that there is no criminal
antecedents of any of the applicants, charge sheet has been filed
in this case, the applicants are in jail since 06/04/2026 and
conclusion of trial will take some time, therefore, he prays for
grant of bail to the applicants.
4. On the other hand, learned State Counsel opposes the bail
application and she would submit that charge sheet has been filed
in this case before the competent court.
5. I have heard learned counsel appearing for the parties and
perused the case diary.
6. Taking into consideration the facts and circumstances of the case,
submission of learned counsel for the parties, nature of allegation
levelled against the applicants, further the fact that there is no
seizure or recovery of dead body of the calf and cow, period of
detention of the applicants since 06/04/2026, charge sheet has
been filed and also considering the fact that trial is likely to take
some time for its conclusion, therefore this Court is of the view
that the applicants are entitled to be released on bail in this case.
7. Accordingly, the bail application is allowed and it is directed that
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the Applicant No.1- Jamhir Korwa, Applicant No.2 Deepak Ram
& Applicant No.3 Lalsai Korwa involved in Crime No.15/2026
registered at Police Station Dhaurpur, District – Sarguja (C.G.) for
the offence punishable under Sections 325, 3(5) of Bharatiya
Nyaya Sanhita, 2023 & Section 4,6,10 of Chhattisgarh Agricultural
Cattle Preservation Act, 2004, Section 11 of The Prevention Of
Cruelty to Animals Act, 1960, be released on bail on each of them
furnishing a personal bond with two sureties 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 fail
5to 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) 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 send a certified copy of this order to the trial
Court for necessary information and compliance.
Sd/-
(Bibhu Datta Guru)
JUDGE
gouri
