1 2025:CGHC:33469 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4515 of 2025 Nadeem Kuraishi S/o Asfaq Kuraishi Aged About 32 Years R/o Village- Barnawa, Police Station- Binauli, District- Bagpat (U.P.) At Present R/o Ward No. 15, Behind Of Faijal Raja Madarasa, Talapara, Bilaspur, Police Station- Civil Line, Tahsil- Bilaspur, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station- Takhatpur, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Paras Mani Shriwas, Advocate. For Non-applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.07.2025 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 applicant who has been arrested in connection with Crime No. 255/2023 registered at Police Station – Takhatpur, District Bilaspur (C.G.) offence under Sections 4, 6, 10, of the Agricultural Cattle Preservation Act & Section 11(1)(a) and 11(1)(d) of Cruelty of Animals Act. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.17 11:14:42 +0530 2 2. As per the prosecution story in brief, on 24.05.2023, police officers of Police Station Takhatpur were on night search duty when they received information regarding the transportation of cattle for the purpose of slaughter. Acting on this information, they reached Araiband Khar, where members of the Hindu Raksha Dal, Bilaspur (C.G.), had stopped Vehicle Truck No. CG-15/DG/1525 and Container No. BP-13/BL-7404. During the course of the search, 72 buffaloes (male and female) were found inside the said vehicles and were seized. Thereafter, an F.I.R. was lodged against the driver, the owner of the aforementioned vehicles, and the present applicant under Sections 4, 6, and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004, and Sections 11(1)(a) and 11(1)(d) of the Prevention of Cruelty to Animals Act. During the course of the investigation, the applicant was arrested on 24.05.2025. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He submits that during the course of the incident, no cattle were seized from the possession of the applicant, and he has been implicated solely on the basis of the statement of the truck driver. He also submits that at the time of the seizure of the cattle, the applicant was not present at the spot. However, the officers of the concerned police station have falsely implicated him with mala fide intention. He submits that the container belonging to the applicant was taken by the driver of Aftab Qureshi, and in the meantime, he used the said container for illegal purposes without the knowledge of the applicant. Therefore, no offence is made out against the applicant. He submits that the 3 present applicant has only 01 criminal antecedent of the similar nature and he is in jail since 24.05.2025, conclusion of the trial may take sometime, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been submitted before the competent Court in the present case. 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 that the present applicant has only 01 criminal antecedent under the similar nature, moreover, the charge-sheet has already been filed before the competent Court and the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Nadeem Kuraishi, involved in Crime No. 255/2023 registered at Police Station – Takhatpur, District Bilaspur (C.G.) offence under Sections 4, 6, 10, of the Agricultural Cattle Preservation Act & Section 11(1)(a) and 11(1)(d) of Cruelty of Animals Act, be released on bail on furnishing personal bond with two sureties 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 evidence when the witnesses are present in 4 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. 5 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 Abhishek