1 2025:CGHC:15311 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2509 of 2025 Komal Mehar S/o Late Mohan Mehar Aged About 59 Years R/o. Ricko Road, Jaisthambh, Police Station - Mandir Hasaud, District Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Mandir Hasaud, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Rakesh Kumar, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 01.04.2025 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. 51/2025 registered at Police Station : Mandir Hasaud, District Raipur (C.G.) for the offence punishable under Sections 05 and 10 of the Chhattisgarh Krishak Pashu Parirakshan Adhiniyam, 2004. 2. According to the prosecution's story, complainant Anil Dhivar lodged a written report at Police Station Mandir Hasaud on ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.04.02 10:39:55 +0530 2 02.02.2025. In the report, he alleged that on 02.02.2025, at 5:30 pm, while he was near Sriram Nagar, Mandir Hasaud crematorium with friends Sonu Yadav, Manish Yadav, Gajendra, Verma, and Rinku Yadav, the accused passed by carrying cow flesh and skin in a sack on his cycle. The applicant was arrested by the police at Police Station Mandir Hasaud on 02.02.2025, at 10:30 pm, after completing the necessary procedures. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that as per material collected by the prosecution, there is no offence is made out against the present applicant. He further submits that there is no specific allegation against the present applicant. He also submits that the applicant has no criminal antecedents and he is in jail since 02.02.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no 3 criminal antecedents, further, the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 02.02.2025 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Komal Mehar, involved in Crime No. 51/2025 registered at Police Station : Mandir Hasaud, District Raipur (C.G.) for the offence punishable under Sections 05 and 10 of the Chhattisgarh Krishak Pashu Parirakshan Adhiniyam, 2004, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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