1 2025:CGHC:13393 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2239 of 2025 1 - Girdhari Ram S/o Bhutkul Ram Aged About 41 Years R/o Samarbar, Semarjobla, Tahsil- Bagicha, District- Jashpur (C.G.) 2 - Kaushal Tirkey S/o Bajru Ram Tirkey Aged About 35 Years R/o Samarbar, Semarjobla, Tahsil- Bagicha, District- Jashpur (C.G.) 3 - Ramjeevan Kujur S/o Late Ramchander Kujur Aged About 27 Years R/o Samarbar, Semarjobla, Tahsil- Bagicha, District- Jashpur (C.G.) 4 - Rohit Kumar Kondo @ Rohitdas S/o Surjan Kindo Aged About 28 Years R/o Samarbar, Semarjobla, Tahsil- Bagicha, District- Jashpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Bagicha, District- Jashpur (C.G.) ... Respondent(s) For Applicant(s) : Mr. J.K. Saxena, Advocate. For Respondent(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/03/2025 AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 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. 231/2024 registered at Police Station Bagicha, District- Jashpur (C.G.) for the offence punishable under Sections 4, 6 and 10 of Chhattisgarh Krishak Pashu Parirakshan Adhiniyam. 2. Case of the prosecution, in brief, is that on 06.12.2024, the complainant Baliram lodged report at concerned Police Station alleging that on 05.12.2024, at about 0:00 A.M. while he was going Samarbar by passing jungle, at that time, he say that the accused persons were killing his two year old cow with knife and, thereafter, the complainant raised an alarm, due to which, the accused persons fled away, based on such incident, aforesaid offence has been registered against the applicant and subsequently they have been arrested. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the applicants had never killed the cow of complainant as alleged, in fact the said cow of complainant was attacked by other forest animals, only on the basis of mere suspicion and some previous animosity of complainant with the applicants, they have falsely been implicated in the case. The applicants are in jail since 07.12.2024, the applicants have no criminal antecedents, charge-sheet has been filed and the trial is likely to take some time for its conclusion. 3 Therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicants had allegedly killed a two year old cow with knife and there is seizure of one Axe and knife from them, therefore, they are not entitled for grant of bail. 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, nature and gravity of offence, period of detention of the applicant since 07.12.2024, the fact that though the applicants were alleged to have killed a two year old cow with knife and there is seizure of one Axe and knife from them, but the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants-Girdhari Ram, Kaushal Tirkey, Ramjeevan Kujur and Rohit Kumar Kondo @ Rohitdas, involved in Crime No. 231/2024 registered at Police Station Bagicha, District- Jashpur (C.G.) for the offence punishable under Sections 4, 6 and 10 of Chhattisgarh Krishak Pashu Parirakshan Adhiniyam, be released on bail on their furnishing a personal bond with two sureties each 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 4 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil