1 2025:CGHC:23561 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4420 of 2025 1 - Ayub Kujur S/o Ishdore Kujur Aged About 37 Years R/o Vill- Tora, Parasura, Tah- Sanna Jashpur Dist- Jashpur (C.G.) 2 - Nilesh Ekka S/o Budhram Ekka Aged About 40 Years R/o Vill- Tora, Parasura, Tah- Sanna Jashpur Dist- Jashpur (C.G.) 3 - Dinesh Toppo S/o Jwakim Toppo Aged About 32 Years R/o Vill- Tora, Parasura, Tah- Sanna Jashpur Dist- Jashpur (C.G.) 4 - Akash Tirkey @ Awkash Tirkey S/o Anand Tirkey Aged About 26 Years R/o Vill- Tora, Parasura, Tah- Sanna Jashpur Dist- Jashpur (C.G.) 5 - Rohit Tirkey S/o Maccuse Tirkey Aged About 33 Years R/o Vill- Tora, Parasura, Tah- Sanna Jashpur Dist- Jashpur (C.G.) ... Applicants versus State of Chhattisgarh Through Station House Officer, Police of Police Station Sanna, District- Jashpur- Chhattisgarh. ... Non-applicant For Applicants : Mr. Syed Ishhadil Ali, Advocate. For Non-applicant/State : Mr. Vedant Shadangi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.06.2025 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 RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 No. 29/2025 registered at Police Station – Sanna, District- Jashpur, (C.G.) offence under Section 325 of Bhartiya Nyaya Sanhita, 2023, under Sections 4, 5, 6 and 10 Chhattisgarh Agricultural Cattle Preservation Act, 2004. 2. The prosecution story, in brief, is that on the basis of a complaint received on 21.04.2025, Police Station Sanna registered a report stating that a cow belonging to Ramesh Uraon was found lying in the Ghuikona drain near Tora Gothan, in front of his house. On 21.04.2025, when the complainant went for a walk in the morning, he saw the cow lying there. Subsequently, a social meeting was held in the village, during which it was informed that the cow, which was alive and lying in the drain, had been taken to the Ghuikona drain near the Gothan by Ayub Kujur, Nilesh Ekka, Akah Tirkey, Dinesh Toppo, and Rohit Tirkey all residents of the village and that they collectively slaughtered and butchered the cow. Thereafter, the BJP Mandal President was informed about the incident over the phone. Following this, the villagers reached the spot at around 1:00 PM and saw that Ayub Kujur, Nilesh Ekka, Akah Tirkey, Dinesh Toppo, and Rohit Tirkey had slaughtered a cow. An offence was then registered against the present applicant; however, the applicant has denied all the allegations leveled against him. 3. Learned counsel for the applicants submits that the present applicants have been falsely implicated in this case. He submits that this is a case of false implication arising out of political rivalry. The present applicants have been falsely implicated at the instance of a politician, whereas the applicant is a supporter of the opposition 3 party. This political bias is also evident from the FIR itself, which was registered on the instruction of a party leader. It is further submitted that, upon perusal of the FIR, it is clear that the cow in question belonged to Ramesh Uraon. However, the prosecution did not record the statement of Ramesh Uraon. Instead, the statement of a dummy witness, namely Ramesh Kumar Minj, was taken, which further indicates that the applicant has been falsely implicated. Moreover, a perusal of the charge-sheet and the inspection report clearly reveals that the cow was already dead before the time and date of the alleged incident as mentioned in the FIR. This also indicates that the carcass of the cattle was used as a pretext to falsely implicate the present applicant in this case. He further submits that the applicants have no previous criminal antecedent. He further submits that the applicants are in jail since 22.04.2025, and they are only earning member of his family and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed before the competent Court in the present case. He further submits that the cow, which was alive and lying in the drain, had been taken to the Ghuikona drain near the Gothan by the applicants, all residents of the village and that they collectively slaughtered and butchered the cow, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 4 6. Taking into consideration the facts and circumstances of the case that though the accused persons, along with others, were involved in the illegal slaughter of a cow, but the charge-sheet has been filed before the competent Court and the applicants have no previous criminal antecedent and the applicants are in jail since 22.04.2025 and they are only earning member of his family and conclusion of the trial may take some time, therefore, this Court is of the considered view that the present applicants are entitled to be released on bail in this case. 7. Let the Applicants – Ayub Kujur, Nilesh Ekka, Dinesh Toppo, Akash Tirkey @ Awkash Tirkey and Rohit Tirkey, involved in Crime No. 29/2025 registered at Police Station – Sanna, District- Jashpur, (C.G.) offence under Section 325 of Bhartiya Nyaya Sanhita, 2023, under Sections 4, 5, 6 and 10 Chhattisgarh Agricultural Cattle Preservation Act, 2004, be released on bail on furnishing personal bond with two 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 5 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 Rahul Dewangan