01Facts
The applicants sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 216/2026, registered for offences under Sections 4, 6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004, Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960, and Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
¶ 1Police intercepted a pick-up truck carrying five buffalo calves in a congested manner.
¶ 2Jaypal Sahu was driving and Rajendra Yadav was the conductor; during investigation, they named Dharnidhar @ Vinod Yadav as the purchaser of the cattle.
¶ 2The applicants maintained that the cattle were being transported for agricultural purposes, that the charge-sheet had been filed, and that trial would take time.
¶ 3The State opposed bail, alleging transportation for slaughter and pointing to two criminal antecedents of one applicant.
¶ 402Issues
i.Whether the applicants should be released on regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, having regard to the allegations, their custody, the filing of the charge-sheet, and the likely duration of trial.
¶ 1, 3–6ii.Whether the criminal antecedents attributed to Jaypal Sahu warranted refusal of bail, notwithstanding that they were not of a similar nature.
¶ 3–603Law Applied
The Court considered its power to grant regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in proceedings concerning alleged offences under Sections 4, 6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004, Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960, and Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
¶ 1In exercising its bail discretion, the Court considered the nature and gravity of the allegations, the applicants’ antecedents, the filing of the charge-sheet, the period spent in custody, and the likely time required to conclude the trial.
¶ 6No precedent was cited.
Provisions in the judgment · 3 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483
Prevention of Cruelty to Animals Act, 1960 Section 11
Bharatiya Nyaya Sanhita, 2023 Section 3
04Reasoning
The Court weighed the allegations and the State’s opposition against the applicants’ custody since 23 and 24 September 2026, the filing of the charge-sheet, and the likelihood of delay in concluding the trial.
¶ 3–6It also considered that Dharnidhar and Rajendra had no criminal antecedents, while Jaypal’s two antecedents were not of a similar nature.
¶ 6On that overall assessment, the Court found the applicants entitled to bail.
¶ 605Holding
The Court allowed all three bail applications and directed that the applicants be released on execution of a personal bond of ₹50,000 each to the satisfaction of the trial Court.
¶ 7Bail was subject to conditions requiring them to remain available for police interrogation when required, not to influence persons acquainted with the case, and not to act prejudicially to a fair and expeditious trial.
¶ 7The Court clarified that its observations were limited to deciding the bail applications and would not affect the trial Court’s independent determination on the merits.
¶ 7Original Court PDF
DHARNIDHAR @ VINOD YADAVvsSTATE OF CHHATTISGARH
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
