1 2025:CGHC:1766 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 194 of 2025 1. Ramsay Kavdo S/o Shri Budhu Kavdo Aged About 25 Years R/o Village - Mendri, Thana - Etapalli, Distt.- Gadhchirauli (Mahrashtra) 2. Ulge Katlami S/o Shri Nohru Katlami Aged About 45 Years R/o Village - Refapatta, Thana - Etapalli, Distt.- Gadhchirauli (Mahrashtra) ... Applicants versus The State of Chhattisgarh Through The Station House OfÏcer, P.S. Bande, Distt.- North Baster Kanker (C.G.) ... Non-applicant For Applicants : Mr. Rajendra Patel, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.01.2025 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 applicants who have been arrested in connection with Crime No. 69/2024 registered at Police Station Bande, District North Bastar Kanker (C.G.), for the offences punishable under Sections 4, 6, 10 of the C.G. Krishak Pashu Parikshan Adhiniyam and Section 11 of Pashu Ke Prati Krurta Nivaran Adhiniyam. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.10 20:12:18 +0530 2 2. The prosecution's story, in brief, is that ofÏcers from P.S. Bande received information that the applicants, along with co-accused persons Amal Mistry and Mahanand Badhai, were transporting 25 cows, bulls, and calves to a slaughterhouse in Maharashtra. The animals were allegedly tied with a rope around their neck and one leg, without being provided food or water. Based on this information, the police arrested the applicants and co-accused persons, registered an offense under the relevant sections, and filed a charge-sheet after completing the investigation. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and have been falsely implicated in the aforesaid case. He submits that the applicants have no criminal antecedents. He further submits that other co-accused person, namely, Amal Mistry, vide order dated 16.12.2024 in MCRC No. 8766 of 2024, has already been granted regular bail by this Court. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the co-accused person, namely, Amal Mistry, vide order dated 16.12.2024 in MCRC No. 8766 of 2024, has already been granted 3 regular bail by this Court. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and they are in jail since 29.09.2024 and the conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicants are entitled to be released on bail in this case on the ground of parity. 7. Let the Applicants – Ramsay Kavdo and Ulge Katlami, involved in Crime No. 69/2024 registered at Police Station Bande, District North Bastar Kanker (C.G.), for the offences punishable under Sections 4, 6, 10 of the C.G. Krishak Pashu Parikshan Adhiniyam and Section 11 of Pashu Ke Prati Krurta Nivaran Adhiniyam, be released on bail on their furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail 4 during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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