1 2025:CGHC:41583 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6508 of 2025 1 - Maksood Khan S/o Abdul Rashid Khan Aged About 48 Years R/o Masuriya, P.S. And District Garhwa, Jharkhand At Present R/o Village- Ward No. 8, Khalpara Khorma, Pratappur, District : Surajpur, Chhattisgarh 2 - Tanveer Ahmed S/o Raheesh Mo. Aged About 34 Years R/o Jiyawan, P.S. Jiyawan, District : Singhrouli, Madhya Pradesh. 3 - Mo. Raheem S/o Mo. Saleem Aged About 28 Years R/o Jiyawan, P.S. Jiyawan, District : Singhrouli, Madhya Pradesh. ... Applicants versus State Of Chhattisgarh Through P.S.- Outpost Basdei, District : Surajpur, Chhattisgarh ... Non-applicant For Applicants : Mr. Sudhanshu Kumar Singh, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.08.2025 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 applicants who have been arrested in connection with Crime No. 285/2025 registered at Police Station - Outpost Basdei, District : VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.20 14:29:30 +0530 2 Surajpur (C.G.), for the offence punishable under Section 111 of BNS and Sections 4,6,10 of C.G. Prevention of Cruelty to Animals Act and Section 11 (Ä) of Cruelty of Animal Act. 2. As per the prosecution on 11/06/2025, accused Khalid Hussain, in association with co-accused Mohd. Rahim (present applicant), Tanveer Ahmed, and Maqsood, was allegedly found transporting 16 buffaloes, 4 cattle, and 1 calf in a Swaraj Mazda truck bearing registration no. CR UP 64 BT 1334 from Devgarhi Pratappur area, via Khopa side and Lodhima Road, towards a slaughterhouse in Kanpur, Uttar Pradesh. The vehicle was intercepted and seized, and upon inspection by the Animal Medical Officer, it was opined that the vehicle was fit to carry only 12-13 animals, whereas 21 animals were being transported, allegedly in a cruel and overcrowded manner. All the animals were found to be healthy. It is further alleged that in his memorandum statement dated 11/06/2025 (Wrongly mentioned as 11/06/2024) (As Per Charge Sheet), the accused admitted to transporting the animals for the purpose of slaughter and sale. The Charge Sheet has been filed on 06/08/2025 and the aforesaid crime has been committed. 3. The present applicants are innocent and have been falsely implicated in this case. They have been in jail since 10.07.2025, 11.06.2025, and 11.06.2025 respectively, despite the fact that the charge sheet has already been filed and nothing has been seized from them. As per the report of the Medical Officer (Animal), all the animals were found healthy at the time of seizure, which rules out any allegation of physical harm or neglect. The allegation of overcrowding is merely a 3 difference of opinion regarding vehicle capacity and does not indicate any mens rea or deliberate cruelty on the part of the applicants. The applicants are the sole bread earners of their families, and their continued detention is causing hardship. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel for the State, opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and submits that looking into the criminal antecedents of the present applicants, therefore, they are not entitled for grant of regular bail. 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, the nature and gravity of the allegations levelled against the present applicants, and the fact that applicant No.1 has one criminal antecedent and applicant No.3 also has one criminal antecedent, which have already been explained in the present bail application, and further considering that the charge-sheet has been filed before the competent Court and the applicants have been in jail since 10.07.2025, 11.06.2025, and 11.06.2025 respectively, and as the conclusion of trial is likely to take some more time, this Court is of the considered view that the present applicants are entitled to be released on bail in this case. 7. Let the applicants – Maksood Khan, Tanveer Ahmed and Mo. Raheem, involved in Crime No. 285/2025 registered at Police Station - Outpost Basdei, District : Surajpur (C.G.), for the offence punishable 4 under Section 111 of BNS and Sections 4,6,10 of C.G. Prevention of Cruelty to Animals Act and Section 11 (Ä) of Cruelty of Animal Act, be released on bail on furnishing a personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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 vaibhav