1 2025:CGHC:2060 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 259 of 2025 Yashwant Sher Singh Marskole S/o Shri Sher Singh Marskole Aged About 29 Years R/o Village - Nayakund Par Sivni, District Nagpur, Maharashtra. ... Applicant versus The State of Chhattisgarh Through The Station House OfÏcer, Police Station Mangchuva, District Balod, Chhattisgarh. ... Non-applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.01.2025 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. 26/2024 registered at Police Station Mangchuva, District Balod (C.G.), for the offences punishable under Sections 4, 6 of the C.G. Krishak Pashu Parirakshan Adhiniyam, 2004 and Section 11 (D) of Pashu Krurta Nivaran Adhiniyam, 1960 and Section 146/196, 66/192, 3/181 of Motor Vehicle Act. 2. The prosecution's case is that on November 11, 2024, the patrolling ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.16 12:12:35 +0530 2 team from Police Station Mangchuva received secret information that Truck No. CG-07-C-8401 was transporting cattle for slaughter. A search team was formed, and when they arrived at Nakapara Road, they found the driver had abandoned the truck. Upon searching the vehicle, they discovered 28 cattle and seized both the truck and the cattle. An FIR was registered against an unknown person. During the investigation, the applicant was arrested on November 29, 2024. The reason for the arrest was that the registered owner of the vehicle produced an agreement of sale, showing that the vehicle had been sold to the applicant. The applicant's statement was recorded, in which he admitted to driving the vehicle on the specified date and transporting the cattle. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits that the present applicant has 02 criminal antecedents under the IPC out of which in 01 case he has already been acquitted and in other case the applicant is on bail. He also submits that the present applicant is in jail since 29.11.2024, conclusion of the trial may take some time therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that 3 the present applicant has 02 criminal antecedents under the IPC out of which in 01 case he has already been acquitted and in another case the applicant is on bail. Moreover, the charge - sheet has already been submitted in the present case before the competent Court and the applicant is in jail since 29.11.2024 and the conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Yashwant Sher Singh Marskole, involved in Crime No. 26/2024 registered at Police Station Mangchuva, District Balod (C.G.), for the offences punishable under Sections 4, 6 of the C.G. Krishak Pashu Parirakshan Adhiniyam, 2004 and Section 11 (D) of Pashu Krurta Nivaran Adhiniyam, 1960 and Section 146/196, 66/192, 3/181 of Motor Vehicle Act, be released on bail on his furnishing personal bond with two local 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 sufÏcient 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 4 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 sufÏcient 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. OfÏce 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