1 2025:CGHC:17451 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2271 of 2025 1. Deepesh Ganjeer @ Rinku Ganjeer S/o Shri Dharamdas Ganjeer Aged About 20 Years R/o Village- Kakodi, Thana- Chichgarh, Distt- Gondia (Maharashtra) 2. Ghanshyam @ Dhannu Ambade S/o Shri Madan Lal Ambade Aged About 36 Years R/o Village- Damabanjari, Thana- Chhuria, Distt.- Rajnandgaon C.G. ... Applicants versus • The State of Chhattisgarh Through The Station House Officer, Police Station- Doundilohara, Distt.- Balod (C.G.) ... Non-applicant For Applicant : Mr. Rajendra Patel, Advocate For State : Mr. Hariom Rai, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’). for grant of regular bail, as they have been arrested in connection with Crime No.04/2025, registered at Police Station - Doundilohara, Dist.- Balod (CG) for the offence VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.21 13:01:34 +0530 2 punishable under Section 132 of BNS 2023 and Sections 4, 6 and 10 of the CG Krishak Pashu Parikshan Adhiniyam 2004 and Section 11(1)(D) of Pashu Krurta Adhiniyam 1960 and Section 5/180, 146/196, 3/181 of Motor Vehicle Act. 3. The prosecution story in brief, is that, on 04.01.2025 ASI received the information through informant at the time of the patrolling with the averment that co-accused has kept the cattle in vehicle No.CG-08-L-2978, so on the basis of said information, the police party went to the spot and alleged to be seized 10 cattle which were kept in the truck and alleged to be transported to slaughter house, which is located at Maharashtra and after seeing the police party, the accused persons tried to run away from the spot, so the police caught hold them and given the notice for producing the papers regarding transport of cattle but they failed to produce the same therefore, the accused persons were arrested and thereafter, the case is registered against the applicants. 4. It was argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. He would further submit that the applicants were arrested only on the basis of doubt and cattles were not seized from the present applicant, the same were seized from the co-accused namely Piluram Sahu. He also submits that there is no material evidence collected by the prosecution to establish the allegations. The applicant is in jail since 04.01.2025, charge- 3 sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 5. On the other hand, learned counsel for the State opposes the bail application of the applicants and submits that according to charge-sheet applicant No. 2 namely Ghanshyam @ Dhannu Ambade have five criminal antecedents out of which three cases were decided and two cases are pending against him. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case and the fact that charge-sheet has been filed and no further investigation is required to be done and fact that there is no material evidence collected by the prosecution the applicants are in jail since 04.01.2025 and the conclusion of the trial would take some time, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Let the Applicants- Deepesh Ganjeer @ Rinku Ganjeer and Ghanshyam @ Dhannu Ambade, involved in Crime No.04/2025, registered at Police Station Doundilohara, Dist.- , Balod (CG) for the offence punishable under Sections 132 of BNS 2023 and Sections 4, 6 and 10 of the CG Krishak Pashu Parikshan Adhiniyam 2004 and Section 11(1)(D) of Pashu Krurta Adhiniyam 1960 and Section 5/180, 146/196, 3/181 of Motor Vehicle Act, be released on bail on his furnishing a 4 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 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 sufficient 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 sufficient 5 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. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible, in accordance with law , if there is no legal impediment. 10. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali