1 2025:CGHC:2478 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 377 of 2025 Sanjay Kumar Singh S/o Lajpat Singh Aged About 40 Years R/o Village Dorolijat, P.S. Mahendragarh Distt.- Mahendragarh (Haryana) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Police Station - Dongripali District Sarangarh-Bilaigarh (C.G.) ... Non-applicant For Applicant : Mr. Manoj Kumar Jaiswal, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.01.2025 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. 40/2024 registered at Police Station Dongripali, District Sarangarh - Bilaigarh (C.G.), for the offences punishable under Sections 4, 6, 10 of the Chhattisgarh Animal Protection Act & under Section 11(d) of Prevention of Cruelty to Animals Act, 1960. 2. According to the prosecution's case, the present applicant and other co-accused transported 37 cattle in a truck (container no. 04-NQ- ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.16 12:14:06 +0530 2 1895) to Slaughter House, West Bengal. During a road check, the police intercepted and seized the vehicle. Subsequently, the police registered an offense under Sections 4, 6, and 10 of the Chhattisgarh Animals Protection Act and Section 11(d) of the Prevention of Cruelty to Animals Act, 1960, against the applicant and other accused, who were then sent to jail. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He submits that the present applicant has no criminal antecedents. He further submits that other co-accused person, namely, Vahid Khan, vide order dated 12.12.2024 in MCRC No. 7773 of 2024, has already been granted regular bail by this Court. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 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 the co-accused person, namely, Vahid Khan, vide order dated 12.12.2024 in MCRC No. 7773 of 2024, has already been granted regular bail by this Court. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and he has been in jail since 31.07.2024 and the 3 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 on the ground of parity. 7. Let the Applicant – Sanjay Kumar Singh, involved in Crime No. 40/2024 registered at Police Station Dongripali, District Sarangarh - Bilaigarh (C.G.), for the offences punishable under Sections 4, 6, 10 of the Chhattisgarh Animal Protection Act & under Section 11(d) of Prevention of Cruelty to Animals Act, 1960, 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 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 4 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. 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