Facts
The seven applicants were arrested on February 2, 2026, following a complaint filed by Mukesh Soni of Bajrang Dal.
Source reference: para. 2The prosecution alleged that the applicants were caught slaughtering a bull and preparing meat for sale; while most fled, one co-accused was apprehended at the scene.
Source reference: para. 4Remains of the cattle and an ear tag were recovered.
Source reference: para. 2The applicants moved the High Court for regular bail, arguing that they were falsely implicated, no incriminating material was recovered from their "conscious possession," and that the search and seizure procedures were not followed.
Source reference: para. 3They further contended that no FSL or veterinary report confirmed the meat belonged to prohibited cattle.
Source reference: para. 3Issues
1. Whether the applicants are entitled to grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of allegations and the period of incarceration.
Source reference: para. 1, 6Law Applied
The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 439 CrPC) regarding the discretionary power of the High Court to grant bail.
Source reference: para. 1The substantive charges involved Sections 325 (voluntarily causing grievous hurt) and 3(5) (common intention) of the Bharatiya Nyaya Sanhita (BNS), 2023, and Sections 4, 5, 6, and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004, which prohibit the slaughter of agricultural cattle and the possession of their meat.
Source reference: para. 1Reasoning
while the prosecution alleged the applicants were involved in illegal slaughter, no incriminating material was recovered from their "conscious possession".
Source reference: para. 6the Court observed that the charge-sheet had already been filed, the applicants had no prior criminal antecedents, and they had been in custody since February 2, 2026.
Source reference: para. 6Since the trial was expected to take considerable time to conclude, the Court determined that continued detention was unnecessary.
Source reference: para. 6Holding
The Court allowed the bail application and ordered the release of all seven applicants.
The holding was based on the lack of direct recovery from the applicants' possession and the completion of the investigation (filing of charge-sheet).
Source reference: para. 6The release is subject to furnishing a personal bond and two sureties each, with strict conditions, including mandatory attendance at all trial dates and a prohibition against seeking unnecessary adjournments. Default in these conditions or failure to appear under Section 84 of the BNSS would result in the cancellation of bail.
Source reference: para. 7(i)-(iv)Original Court PDF
SHESHMAL MARKAMvsSTATE OF CHHATTISGARH
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