1 2025:CGHC:50488 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6982 of 2025 • Jaarat Husain S/o Aminuddin Ansari Aged About 29 Years (Wrongly Mentioned Aamin Ansari R/o Village Bailajhakhara, P/s Dandai, District- Garhwa (Jharkhand) ... Applicant versus • The State of Chhattisgarh Through The Police Station Ramchandrapur, District - Balrampur- Ramanujganj (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Rahul Mishra, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/10/2025 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.04/2025 registered at Police Station- Ramchandrapur, District-Balrampur-Ramanujganj (C.G.), for the offence punishable under Section 4, 6 and 10 of the Chhattisgarh Agricultural Cattle Prevention Act, 2004 & 111(3) of BNS,2023. 2. The prosecution story in brief, is that, the complainant namely VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.10 18:28:45 +0530 2 Buddhinarayan made written compliant to the Police of Police Station Ramchandrapur alleging that, 16.03.2025, the 11 pair of cow calf were being transported by one Pick-Up Jeep bearing No. JH 03 AK/1604 to slaughterhouse at Jharkhand under cruel manner then the complainant along with villagers objected and stopped the said Pick-Up vehicle thereafter the Driver of said Pick- Up vehicle ran-away. 3. It was argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He also submits that there is no material evidence collected by the prosecution to establish the allegations against the applicant. Further, the present applicant has been made accused only on the basis of memorandum of co-accused person. The applicant is in jail since 12.08.2025, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that according to charge-sheet applicant has four criminal antecedents of similar nature and all are explained by the learned counsel for the applicant at paragraph No.4(A) in the bail application, it appears that he is a habitual offender, therefore applicant is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and 3 perused the case diary. 6. Taking into consideration the facts and circumstances of the case and the fact that charge-sheet has been filed and no further investigation is required to be done, submissions made by learned counsel for the parties and fact that only on the basis of memorandum statement of co-accused, present applicant has been made accused in the present case, the applicant is in jail since 12.08.2025, and the conclusion of the trial would take some time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Jaarat Hussain, involved in Crime 04/2025 registered at Police Station-Ramchandrapur, District-Balrampur- Ramanujganj (C.G.), for the offence punishable under Section 4, 6 and 10 of the Chhattisgarh Agricultural Cattle Prevention Act, 2004 & 111(3) of BNS,2023, be released on bail on his furnishing a 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 4 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 accordance with law. 8. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali