1 2025:CGHC:44402 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6928 of 2025 Shivratri, S/o Firan Chandel, Aged About 42 Years (D/o Wrongly Mentioned In Impugned Order 20.06.2025 ) R/o Rahod, Thana Shivrinarayan, District Janjgir-Champa Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - Station House Officer, P.S. Bilaigarh, District Sarangarh-Bilaigarh (C.G.) ...Respondent For Applicant : Mr. Manoj Kumar Jaiswal, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 01.09.2025 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. 146/2025 registered at Police Station - Bilaigarh, District Sarangarh- Bilaigarh (C.G.), for the offences punishable under Sections 4,6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act. 2. The case of the prosecution, in brief, is that the police of police station VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.01 18:35:22 +0530 2 has receive secret information that the unknown persons are carrying the 47 nag animal for butcher khana and on the basis of such information, the police has seized 06 animal from the possession of the applicant and has been involved in connection of aforesaid offence under section 4, 6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act on the basis of memorandum statement. 3. The applicant submits that he is innocent and has been falsely implicated in the alleged offence, as he has not committed any crime as alleged by the prosecution. It is submitted that the applicant, a government servant and the registered owner of the pickup vehicle in question, was neither transporting animals for slaughter nor committing any offence. No material has been seized from him, and upon perusal of the record, no prima facie case is made out against him. The applicant has been in custody since 30.05.2025, and his continued detention would seriously affect the livelihood of his family members. It is further submitted that one co-accused has already been granted bail by this Court in MCRC No. 5642 of 2025 vide order dated 20.08.2025. Therefore, the applicant prays for grant of regular bail 4. On the other hand, the learned State counsel opposes the bail application of the present applicant 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and further taking into account that the applicant has one criminal antecedent; that the other co-accused 3 persons have already been granted bail by this Court in MCRC No. 5642 of 2025 vide order dated 20.08.2025 that the charge-sheet has been filed before the competent Court and the applicant has been in custody since 30.05.2025 and that the trial is likely to take some time for its conclusion, this Court is of the opinion that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Shivratri, involved in Crime No. 146/2025 registered at Police Station - Bilaigarh, District Sarangarh-Bilaigarh (C.G.), for the offences punishable under Sections 4,6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, be released on bail on furnishing personal bond with two local 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 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 applicant 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 him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his 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 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 4 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 accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav