1 2025:CGHC:28302 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3698 of 2025 1 - Mahendra Ram S/o Badhnu Ram Aged About 35 Years Caste- Lohar, R/o Beldih Uraonpara, Police Station- Asta, District- Jashpur (C.G.) 2 - Virendra Kumar S/o Shanichar Ram Aged About 36 Years Caste- Lohar, R/o Beldih Uraonpara, Police Station- Asta, District- Jashpur (C.G.) 3 - Jagarnath Ram S/o Badhnu Ram Aged About 40 Years Caste- Lohar, R/o Beldih Uraonpara, Police Station- Asta, District- Jashpur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Asta, District- Jashpur (C.G.) ... Respondent For Applicant : Mr. J. K. Saxena, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.06.2025 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. 14/2025 registered at Police Station Asta, District Jashpur (C.G.), for VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.27 20:12:11 +0530 2 the offence punishable under Sections 325, 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 4,6, 10 & 11 of C.G. Krishak Pashu Parirakshan Adhiniyam. 2. As per prosecution story in brief is that on 04.04.2025, the complainant Rajesh Ram lodged report at Police Station, Asta, alleging therein one bullock of the complainant did not return in the house of complainant and upon search, the said bullock of complainant was stuck down in the mud. The accused persons including present applicant assured the complainant to bring out the bullock from the mud and the complainant went for calling the other villagers for bringing out the bullock and when the complainant return back, he found his bullock is injured and the axe, sleepers and knife are lying beside the bullock. Based on the said report, the alleged offences have been registered against the applicants and other co-accused persons. 3. Learned counsel for the applicants submits that applicants are innocent persons and have been falsely implicated in the aforesaid case. He further submits the applicants have not killed the bullock of the complainant and only on the basis of suspicion, they have been implicated in this case. He further submits that the alleged offences are triable by Magistrate and the same are not punishable by life or death imprisonment and the applicants are the bred earning member of their respective family members and their pretrial long detention will adversely affect his family and charge sheet has already been filed and the trial will take considerable time for its conclusion, therefore the applications may kindly be released on bail. Therefore, he prays for grant of regular bail to the applicants. 3 4. On the other hand learned State counsel opposes the bail application of the applicants and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the submissions made by learned counsel for the parties, nature and gravity of allegation levelled against the applicants and the fact that the applicants have no previous antecedents and also considering the fact that the charge-sheet has been filed and applicants have been in jail since 06.04.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the applicants. 7. Let the Applicants – Mahendra Ram, Virendra Kumar & Jagarnath Ram Ram involved in Crime No. 14/2025 registered at Police Station Asta, District Jashpur (C.G.), for the offence punishable under Sections 325, 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 4,6, 10 & 11 of C.G. Krishak Pashu Parirakshan Adhiniyam., be released on bail on 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. 4 (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 sufficient 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 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 sufficient 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. Office 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 vaibhav