1 2025:CGHC:34251 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4678 of 2025 • Pradeep Gupta S/o Krishna Gupta Aged About 35 Years R/o Surti, P.S. Pratappur Distt. Surajpur Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through Police Station Balrampur, Distt. Balrampur Ramanujganj Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sanjay Pathak, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.46/2025 registered at Police Station Balrampur, District – Balrampur-Ramanujganj (C.G.) under Sections 4, 6 and 10 of the C.G. Agricultural Cattle Preservation Act and under Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.21 12:00:25 +0530 2 2. Case of the prosecution is in a nutshell that, on 28.04.2025, the police authority has got the information that one Toyota Glanza and Bolero allegedly involved for the illegal trafficking of cattle from Pratapur, District- Surajpur to Jharkhand for the purpose of slaughtering. After that, the police has started the investigation, but both the vehicle break the barrier and fled away from the place of incident and during investigation, it has been found that the present applicant involved in the aforesaid crime. 3. Learned counsel for the applicant submits that the present applicants is innocent and he has been falsely implicated in the present case. He would submit that there is no seizer from the present applicant, only on the basis of memorandum statement of the co-accused, he has been implicated. He further submits that the co- accused has already granted bail by the trial Court. He would submit that the applicant is in jail since 03/06/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of 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 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, nature and gravity of offence, looking to the fact that there is no seizer from the present applicant, only on the basis of memorandum statement of the co-accused, period of detention of the applicant since 03/06/2025 and co-accused has already been grated bail by the trial Court, charge sheet has been filed and trial is likely to some 3 time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant –Pradeep Gupta, involved in Crime No.46/2025 registered at Police Station Balrampur, District – Balrampur- Ramanujganj (C.G.) under Sections 4, 6 and 10 of the C.G. Agricultural Cattle Preservation Act and under Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960, be released on bail on his 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 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 4 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. 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 vaishali