1 2025:CGHC:30714 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4567 of 2025 1 - Abhilash @ Chintu Deniel S/o. Subhash Deniel Aged About 46 Years R/o. Village - Bhathri, Police Station Jarhagaon, District - Mungeli (C.G.) --- Applicant versus 1 - State Of Chhattisgarh Through- The Station House Officer, Police Station Simga, District - Balodabazar-Bhatapara (C.G.) (As Per Charge Sheet Of Accused) --- Respondent For applicant : Ms. Sofia Khan, Adv. For Respondent : Mr. Rajeev Bharat, Govt. Adv. ( Hon'ble Shri N aresh Kumar Chandravanshi, J) Order on Board 4-7-2025 1. This is 1st bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 180/2018 registered at Police Station Simga, District Balodabazar-Bhatapara (C.G.), for the offence punishable under Sections 429, 34 of the IPC, Section 54(1)(2)(3), 48, 50, 52 and 10 of the Chhattisgarh Krishak Pashu Parirakshan Adhiniyam. 2. Allegation against the applicant is that on 15-6-2018, 37 nos. of agricultural cattle were being transported in a truck bearing registration No. CG 04 LM 4552 by loading them in a cruel manner without providing them food and water. Near village Bansankra, aforesaid truck met with an accident and turned Digitally signed by AVANISH KUMAR PATHAK Date: 2025.07.04 17:40:51 +0530 2 turtle. In the said accident, 18 cattle died. On the basis of report lodged by complainant Jani Chauhan, FIR No. 180/2018 was registered in Police station, Simga against 5 persons namely Karan Singh, Mohammad Hasan, Mohammad Shahid Ansari, Chanchal Singh Sindhu and Sanju, out of whom, first 3 were travelling in aforesaid truck, Chanchal Singh Sindhu was owner of truck and Sanju was said to be seller of said cattle. After investigation, charge sheet was filed on 11-8-2018 by the police against only one accused namely Mohammad Sahid Ansari, who was helper of the truck. Other accused persons including driver had fled from the spot. Subsequently, on the basis of supplementary statement made by one Gagan Tiwari, who is said to be witness of instant case, present applicant has been implicated and thereafter he was arrested on 8-5- 2025 and since then, he is in jail. 3. Learned counsel for the applicant submits that, applicant was not named in the FIR. He has been implicated in the instant case only on the basis of supplementary statement of Gagan Tiwari, that too, on 7-5-2025, whereas charge sheet was filed by the police in the year 2018. Except aforesaid supplementary statement, there is no other evidence against the applicant to implicate him in instant case. She further submits that, out of total 7 accused persons, co-accused Ajeez Khan and Sanju have been granted anticipatory bail by this Court vide order dated 13-7-2022 passed in MCRCA No. 533/2022 and MCRCA No. 525/2022 respectively and other co-accused persons have also been granted bail. The offence is triable by JMFC. The applicant is in jail since 8-5-2025. Hence, the applicant may be released on regular bail. 4. Per contra, learned counsel for the State opposed the bail application and submits that in the said accident, 18 cattle have died, which were being transported in a very cruel manner without providing them food and water. Hence, the instant application may be rejected. 3 5. Heard learned counsel for the parties and perused the material available on record and on the case diary. 6. Having heard learned counsel for the parties and having regard to the fact that, the applicant was not named in the FIR, charge sheet has been filed in the case in the year 2018, the applicant has been implicated on the basis of supplementary statement of a witnesses after about more than 7 years, the offence is triable by JMFC, and further considering that, as argued by learned counsel for the applicant, other co-accused persons have been granted bail, therefore, I feel inclined to release the applicant on bail. 7. Accordingly, the bail application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the concerned trial Court for his appearance before the trial court regularly on each and every date as per direction of the court, unless exempted from appearance. Certified copy as per rules. Sd/- (Naresh Kumar Chandravanshi) JUDGE Pathak/-