1 2025:CGHC:43682 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5480 of 2025 Kadam Rasul @ Bablu Ansari S/o Gyasuddin Aged About 35 Years R/o Village Kodoura Police Out Post Davra Police Station Pasta District Balrampur- Ramanujganj (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Balrampur District Balrampur Ramanujganj (C.G.) ... Respondent For Applicant : Shri Arun Kumar Shukla, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/08/2025 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.51/2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.29 17:06:09 +0530 2 Balrampur District Balrampur (C.G.) for the offence punishable under Sections 4, 6, 10 of CG Agricultural Cattle Preservation Act 2004 & Section 11(1)(d) of Prevention of Cruelty to Animals Act 1960 & Section 111 of Bhartiya Nyaya Sanhita 2023. 2. Case of the prosecution, in brief, is that it is alleged by the prosecution against the applicant that in the night of 03.05.2025 and 04.05.2025 the police staff had gone for night patrolling, during the patrolling they have received a secret information from the informer that the cattle are being brutally loaded in the Pickup and being transported from Surajpur Vaya Balrampur to Jharkhand for the sale of the meat in the slaughter house. Upon this information police made a search in the village Daldhova Near Suhani Motel and stopped the said vehicle and seized 06 pices of cattle and on the basis of the memorandum of the co- accused registered a case against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the applicant has purchased the cattle from one Surajpur cattle market for agricultural purpose. He would submit that the applicant is implicated only on the basis of memorandum of the co-accused. He would submit that the charge sheet has been filed in this case, applicant is in jail since 03/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. She would further submit that the applicant has four criminal antecedents out of which three cases are under the IPC and one case is of same nature. 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 of allegation levelled against the applicant, period of detention of the applicant since 03/06/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Kadam Rasul @ Bablu Ansari, involved in Crime No.51/2025 registered at Police Station Balrampur District Balrampur (C.G.) for the offence punishable under Sections 4, 6, 10 of CG Agricultural Cattle Preservation Act 2004 & Section 11(1) (d) of Prevention of Cruelty to Animals Act 1960 & Section 111 of Bhartiya Nyaya Sanhita 2023, be released on bail on his furnishing a 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 4 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 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 5 accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri