1 2025:CGHC:15680 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2601 of 2025 Devendra Yadav S/o Manthir Yadav Aged About 32 Years R/o Diprapara, Ghanshyam Nagar, Raipur, District Raipur (C.G.) (Wrongly Mentioned As Raipura In The Ordersheet) ... Applicant(s) versus State Of Chhattisgarh Through P.S- Purani Basti, District Raipur (C.G.) ... Respondent(s) For Applicant(s) : None. For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.04.2025 1. None appears nor is any representation made on behalf of the applicant to press this bail application when the case is called out. 2. It transpires from the record that the applicant is in jail since 24.01.2025. Hence, the Court proceeds to consider and hear the bail application of the applicant with the assistance of the State counsel. 3. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 short ‘BNSS’) for grant of regular bail, as he has been arrested in connection with Crime No.14/2025, registered at Police Station Purani Basti, District Raipur (C.G), for the offences punishable under Section 299 of the BNS and Section 11 of Prevention of Cruelty to Animals Act, 1960. 4. The case of the prosecution, in brief, is that the accused has been booked under Section 299 of the BNS and Section 11 of the Prevention of Cruelty to Animals Act as Crime No.14/2025 at Purani Basti Police Station at Raipur. According to the documents attached to the case diary, the accused allegedly committed unnatural sex/rape with a cow outside Patel Kirana Store between 2:00-3:00 A.M.. The incident was recorded on CCTV cameras installed at the store, and after viewing the footage, complainant Abhijeet Mishra filed a report at the police station. During the investigation, the accused's was identified and arrested. Hence, the bail application. 5. Learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that though the applicant has no criminal antecedent, but he committed unnatural sex/rape with a cow outside Patel Kirana Store between 2:00-3:00 A.M., which was recorded on CCTV cameras installed at the store, therefore, applicant is not entitled for grant of bail. 6. I have perused the case diary. 3 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 24.01.2025, the fact that though the applicant is alleged to have committed unnatural sex/rape with a cow outside Patel Kirana Store between 2:00-3:00 A.M, but he has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let applicant, Devendra Yadav, involved in Crime No.14/2025, registered at Police Station Purani Basti, District Raipur (C.G), for the offences punishable under Section 299 of the BNS and Section 11 of Prevention of Cruelty to Animals Act, 1960, be released on bail on his furnishing a 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 sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 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. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil