1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2693 of 2025 1 - Rishi @ Laxmi Kumar Jangde S/o Shri Shayamratan Jangde Aged About 45 Years R/o Vill. Borsi P.S. Hathband Teh. Simga District - Balodabazar - Bhatapara (C.G.) 2 - Hanu @ Ramnarayan Bandhe S/o Shri Bishali Bandhe Aged About 60 Years R/o Vill. Majgaon Teh. Simga P.S. Hathband District Balodabazar - Bhatapara (C.G.) 3 - Aguva Ram @ Lalluram Bandhe S/o Shri Hanu @ Ramnarayan Bandhe Aged About 39 Years R/o Vill. Majgaon Teh. Simga P.S. Hathband District Balodabazar - Bhatapara (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through Sho P.S. Hathband District - Balodabazar - Bhatapara (C.G.) ... Respondent For Applicants : Mr. Praghalbh Sharma, Advocate For Respondent : Ms. Monika Thakur, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/04/2025 1. 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.55/2025, registered at Police Station – Hathbandh, Dist.- Balodabazar- Bahtapara (CG) 2 for the offence punishable under Section 325, 3(5) of BNS and Section 4, 6, 10 & 11 of Chhattisagarh Agricultural Cattle Preservation Act, 2004. 2. The prosecution story in brief, is that, on 16.03.2025 complaint was made to Hathbandh police station by one Deepak Sahu, who is member of Bajrang Dal along with other villagers stating that, some of the cows were missing and upon search they discovered a cow's head and some remains in an open field (Khet) in Hanubadi, Vill. Borsi, upon which the police lodged the FIR U/s 325 & 3(5) BNS, 2023 & u/s 4,6,10,11 of Chhattisgarh Agricultural Cattle Preservation Act, 2004 & upon enquiry in the matter they have arrested present applicants in connection with said crime. 3. 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 have no role to play in commission of the alleged offence and there is no evidence to connect the present applicants with the alleged offence. He also submits that the police have made a seizure of farming equipments from applicants which are usually found with any farmers and apart from this no other evidence and remains of the cattle were seized from the applicants. The applicants are in jail since 17.03.2025, charge-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. 3 4. On the other hand, learned counsel for the State opposes the bail application of the applicants and submits that according to charge-sheet there is two previous antecedent against the present applicants. 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 and the fact that charge-sheet has been filed and no further investigation is required to be done and fact that there is no evidence to connect the present applicants with the alleged offence. The applicants are in jail since 17.03.2025 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. 7. Let the Applicants- Rishi @ Laxmi Kumar Jangde, Hanu @ Ramnarayan Bandhe, Aguva Ram @ Lalluram Bandhe involved in Crime No.55/2025, registered at Police Station- Hathbandh, Dist.- Balodabazar-Bhatapara (CG) for the offence punishable under Sections 325, 3(5) of BNS 2023 and Section 4, 6, 10 and 11 of C.G Agricultural Cattle Preservation Act, 2004, be released on bail on his 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 that he shall not seek any adjournment on the dates fixed for 4 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 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as 5 expeditiously as possible, in accordance with law , if there is no legal impediment. 9. 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