1 2025:CGHC:20267 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2401 of 2025 Chhannu Giri Goswami S/o Late Sawat Giri Goswami Aged About 40 Years R/o Utai P.S. Utai District - Durg (C.G.) ... Applicant versus State of Chhattisgarh Through The P.S. Vishrampuri District - Kondagaon (C.G.) ... Non-applicant For Applicant : Mr. Jitendra Gupta, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.05.2025 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. 41/2024 registered at Police Station – Vishrampuri, District Kondagaon (C.G.) offence under Sections 4, 6, 10, of the Chhhattisgarh Agricultural Cattle Preservation Act & Section 11(d) of Prevention of Cruelty to Animals Act, & Section 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the case, on 18.07.2024, the police at P.S. Vishrampuri received secret information regarding individuals transporting cattle. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.03 11:53:24 +0530 2 The police set up a check post near Village Malegaon main road, and during the check, they found the co-accused persons transporting cattle to Telangana in a truck. The police found 39 cattle in their possession and registered an FIR. During the investigation, they recorded the memorandum statements of the co-accused persons and subsequently arrested the present applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He submits that the applicant has been made an accused only on the basis of memorandum statement of the co-accused person. He also submits that although the applicant has criminal antecedents, he has already been explained all the criminal antecedents in the form of covering memo. He also submits that the other co-accused persons, namely, Rameshwar Chaturvedi, Onkar Kurre, Mohammad Ismail and Pathi Bandeya in MCRC No. 6913 of 2024, MCRC No. 7102 of 2024, MCRC No. 7340 of 2024 vide order dated 07.10.2024, 08.11.2024, 13.11.2024, therefore, he prays that the applicant is also entitled for grant of regular bail on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been submitted before the competent Court in the present case. 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 that although the applicant has criminal antecedents, he has already been explained all the criminal antecedents in the form of covering memo, 3 moreover, the fact that the other co-accused persons, namely, Rameshwar Chaturvedi, Onkar Kurre, Mohammad Ismail and Pathi Bandeya in MCRC No. 6913 of 2024, MCRC No. 7102 of 2024, MCRC No. 7340 of 2024 vide order dated 07.10.2024, 08.11.2024, 13.11.2024, the charge-sheet has already been filed before the competent Court and the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Chhannu Giri Goswami, involved in Crime No. 41/2024 registered at Police Station – Vishrampuri, District Kondagaon (C.G.) offence under Sections 4, 6, 10, of the Chhhattisgarh Agricultural Cattle Preservation Act & Section 11(d) of Prevention of Cruelty to Animals Act, & Section 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on 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 4 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek