1 2025:CGHC:46397 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7196 of 2025 1 - Khemchand Yadav S/o Jeevanlal Yadav, Aged About 28 Years R/o Nagarda, Thana Bilaigarh, District Sarangarh- Bilaigarh (C.G.) 2 - Ramesh Yadav, S/o Budga Ram Yadav, Aged About 50 Years R/o Ghardehi, Thana Shivrinarayan, District Janjgir Champa (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House Officer, P.S. Bilaigarh, District – Sarangarh-Bilaigarh (C.G.) ---- Non-applicant For Applicants : Mr. Ravi Kumar Banjare, Advocate. For Non-applicants/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.09.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 146/2025, registered at Police Station – Bilaigarh, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 4, 6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act. 2. The case of the prosecution, is that the Police of Police Station RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 concerned has received secret information that the unknown persons are carrying the 47 nag animals for butcher khana and on the basis of such information, the Police has seized 06 animal from the possession of the applicants and the applicants has been involved in connection of aforesaid offence. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants is innocent and has been falsely implicated in this case and there is only one criminal antecedents of the applicant No.1 and there are 3 criminal antecedents registered against the present applicant No.2 of the years 2018 and 2019, which have been old and stale. It is further submitted that the charge-sheet has been filed in this case. The applicants are in jail since 30.05.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is one criminal antecedents of the applicant No.1 and there are 3 criminal antecedents registered against the present applicant No.2, and the charge-sheet has been filed in this case. It is further submitted that the Police of Police Station concerned has received secret information that the unknown persons are carrying the 47 nag animals for butcher khana and on the basis of such information, the Police has seized 06 animal from the possession of the applicants, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that 3 there is only one criminal antecedents of the applicant No.1 and there are 3 criminal antecedents registered against the present applicant No.2 of the years 2018 and 2019, which have been old and stale, charge-sheet has been filed against the applicants, the applicants are in jail since 30.05.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Khemchand Yadav and Ramesh Yadav, involved in Crime No. 146/2025, registered at Police Station – Bilaigarh, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 4, 6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 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 applicants 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 applicants 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 applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants 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. 4 (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 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 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 Rajshekhar