1 2025:CGHC:49238 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7194 of 2025 Raja Masih Urf Billu Masih S/o Prem Kumar Masih Aged About 37 Years R/o Gram Ganeshpur, P.S. Simga, District- Balodabazar (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Simga, District- Balodabazar (C.G.) ... Respondent For Applicant : Shri Virendra Verma, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/09/2025 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.263/2024 registered at Police Station Simga, District Balodabazar (C.G.) for the offence punishable under Sections 325, 3(5) of BNS and GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.26 11:17:14 +0530 2 Sections 4, 5, 10 of Chhattisgarh Agricultural Cattle Preservation Act. 2. Case of the prosecution, in brief is that on 18.07.2024, a secret informer provided information that Raja Masih alias Billu, son of Premkumar Masih alias Ankaloo, aged 37 years, and Ashish Masih alias Sapaka, son of Ballu Masih, aged 30 years, residents of Ganeshpur, along with two other individuals, were transporting and selling beef after slaughtering cattle. Based on this information, the police attempted to apprehend the accused, but they fled the scene, leaving behind a motorcycle and two bags containing approximately 50 kilograms of beef. The police seized the motorcycle and beef and registered a case under Sections 325, 3(5) of the BNS and Sections 4, 5, and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004, at Police Station Simga. A charge sheet was filed against the accused, Raja Masih alias Billu and Ashish Masih alias Sapaka, while they were absconding. Subsequently, on 12.08.2025, the police arrested Raja Masih alias Billu. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the articles were discovered from the open ground in two plastic bags measuring about 50KG. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 12.08.2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. 3 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, nature of allegation levelled against the applicant, period of detention of the applicant since 12.08.2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Raja Masih Urf Billu Masih, involved in Crime No.263/2024 registered at Police Station Simga, District Balodabazar (C.G.) for the offence punishable under Sections 325, 3(5) of BNS and Sections 4, 5, 10 of 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 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 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. 4 (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 certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri