1 2025:CGHC:4056 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8453 of 2024 1 - Nafees S/o Hafees Khan Aged About 25 Years R/o Village - Gangreva, Police Station - Aari, District - Shivani (M.P.) 2 - Saheb Lal Kurre S/o Shri Dharamoo Kurre Aged About 45 Years R/o Village Pendri, Police Station And Tahsil - Masturi, District - Bilaspur, Chhattisgarh. --- Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station - Bamhanidih, District - Janjgir-Champa, Chhattisgarh. --- Non-Applicant(s) MCRC No. 479 of 2025 Taufique Kuraishi @ Adnan (Wrongly Mentioned As Taukif) S/o Samim Kuraishi Aged About 23 Years R/o Near Shiv Mandir, Raja Talab, Raipur, Police Station - Civil Line, District - Raipur Chhattisgarh ---Applicant(s) Versus State Of Chhattisgarh Through The Station House Officer, Police Station Bamhanidih, District - Janjgir-Champa Chhattisgarh --- Non-Applicant(s) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 For Applicant(s) : Mr. Paras Mani Shriwas, Advocate. For Non-Applicant(s) : Mr. Sangharsh Pandey, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/01/2025 1. Since the above-mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 99/2024 registered at Police Station Bamhanidih, District - Janjgir-Champa (C.G.) for the offence punishable under Sections 4, 6, 10 of C.G. Agricultural Cattles Preservation Act, 2004, Section 11 (d) of Cruelty of animals Act and Section 325 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 3. Case of the prosecution, in brief, is that on 13.11.2024, the Bamhanidih police station team was dispatched for patrolling to the village of Podishankar. Upon receiving information from an informant, it was found that the applicants/accused were transporting cattle illegally in a 10-wheeler Ashok Leyland truck, registration number CG 07 CG 3929, coming from Champa towards Odisha slaughterhouses. Upon checking the vehicle, 22 buffaloes were found in poor health, out of which 5 were dead, and these animals were being illegally transported to a slaughterhouse 3 in Odisha. The Bamhanidih police authority, along with accompanying staff and witnesses, proceeded with the necessary legal actions at the scene. The accused were served a notice under Section 94 of the Indian Penal Code, regarding the illegal transport, purchase, and sale of the animals. As the accused did not produce any valid documents, the aforesaid offences have been registered against the applicants. 4. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the were simply running their business of buying and selling agricultural cattle, and on November 12, 2024, they purchased the cattle from the Cattle Market in Kutighat, Janjgir-Champa, with the intention of selling them at the Cattles Market in Podi, Champa. However, things took a turn when the police stopped their vehicle, and unfortunately, five cattle died due to lack of food and water. The applicants are arguing that a false report was lodged against them, and they have provided cattle purchasing slips as evidence, which is also annexed as Annexure A-2. The applicants – Nafees and Saheb Lal Kurre are in jail since 13.11.2024 and applicant – Taufique Kuraishi is in jail since 05.12.2024, further the applicant, namely, Saheb Lal Kurre has four criminal antecedents under similar nature and applicant, namely, Taufique Kuraishi has one criminal antecedent, 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 5. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicants were transporting cattle illegally in a 10-wheeler Ashok Leyland truck, registration number CG 07 CG 3929, coming from Champa towards Odisha slaughterhouses and upon checking the vehicle, 22 buffaloes were found in poor health, out of which 5 were dead, and these animals were being transported to a slaughterhouse in Odisha without any legal documents, further the applicant, namely, Saheb Lal Kurre has four criminal antecedent under similar nature and applicant, namely, Taufique Kuraishi has one criminal antecedent, therefore, the applicants are not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants – Nafees and Saheb Lal Kurre since 13.11.2024 and applicant – Taufique Kuraishi since 05.12.2024, the fact that the applicants were transporting cattle illegally in a 10-wheeler Ashok Leyland truck, registration number CG 07 CG 3929, coming from Champa towards Odisha slaughterhouses and upon checking the vehicle, 22 buffaloes were found in poor health, out of which 5 were dead, and these animals were being transported to a slaughterhouse in Odisha without any legal documents, but applicants are running business of selling and purchasing of agricultural cattle, further they 5 have purchasing slips of the said cattle, a copy of which is also annexed as Annexure A/2, charge-sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Let the Applicants-Nafees, Saheb Lal Kurre and Taufique Kuraishi @ Adnan, involved in Crime No. 99/2024 registered at Police Station Bamhanidih, District - Janjgir-Champa (C.G.) for the offence punishable under Sections 4, 6, 10 of C.G. Agricultural Cattles Preservation Act, 2004, Section 11 (d) of Cruelty of animals Act and Section 325 of BNS, be released on bail on their 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 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 their counsel. In case of their absence, without sufÏcient 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 6 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 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 them in accordance with law. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil