1 2025:CGHC:1555 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 145 of 2025 Mahanand Badai S/o Nitai Aged About 38 Years R/o P.V. 105 Vikaspalli Thana And Tahsil Pakhanjore District - U.B. Kanker (C.G.) ... Applicant versus The State of Chhattisgarh Through Police Station Bande District - U.B. Kanker (C.G.) ... Non-applicant For Applicant : Ms. Bhavika Kotecha, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.01.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 69/2024 registered at Police Station Bande, District U.B. Kanker (C.G.), for the offences punishable under Sections 4, 6, 10 of the C.G. Krishak Pashu Parikshan Adhiniyam and Section 11 of Pashu Ke Prati Krurta Nivaran Adhiniyam. 2. According to the prosecution's case, it was alleged that the applicant and another person were transporting 25 agricultural ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.10 11:58:15 +0530 2 cows, bulls, and calves to a slaughterhouse in Maharashtra. The animals were allegedly tied with ropes around their necks and one leg were beaten without being provided food. Consequently, an offense under the aforementioned section was registered against the applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. She submits that the present applicant has no criminal antecedents. She further submits that other co-accused person, namely, Amal Mistry, vide order dated 16.12.2024 in MCRC No. 8766 of 2024, has already been granted regular bail by this Court. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the co-accused person, namely, Amal Mistry, vide order dated 16.12.2024 in MCRC No. 8766 of 2024, has already been granted regular bail by this Court. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and he has been in jail since 26.09.2024 and the conclusion of the trial may take some more time. Therefore, this 3 Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Mahanand Badai, involved in Crime No. 69/2024 registered at Police Station Bande, District U.B. Kanker (C.G.), for the offences punishable under Sections 4, 6, 10 of the C.G. Krishak Pashu Parikshan Adhiniyam and Section 11 of Pashu Ke Prati Krurta Nivaran Adhiniyam, be released on bail on his furnishing 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 sufÏcient 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 4 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 sufÏcient 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. OfÏce 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 Abhishek