1 2025:CGHC:46480 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7267 of 2025 Javed Khan S/o Husain Khan Aged About 33 Years R/o Sanghars Nagar, Uppalwadi, Kamthi Road, Police Station Yashodhara, Nagar, District- Nagpur ( Maharashtra ) --- Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station- Salhewara, Dist- Khairagarh- Chuikhadan-Gandai Chhattisgarh. --- Respondent(s) MCRC No. 7283 of 2025 Wasim Khan S/o Salim Khan Aged About 36 Years R/o Changera, Police Station Rawanwadi, District- Gondiya, Presently R/o At Wajra,2 Number Naka Road, Police Station Yashodhara Nagar, Nagpur, (Maharashtra) (As Per Final Report) ---Applicant(s) Versus State Of Chhattisgarh Through Station House Officer, Police Station - Salhewara, Dist- Khairagarh- Chuikhadan-Gandai (C.G.) --- Respondent(s) For Applicant(s) : Mr. Abhishek Sharma, Advocate. For Respondent(s) : Mr. Bharat Gulabani, Panel Lawyer. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/09/2025 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 application 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. 31/2024 registered at Police Station Salhewara, Dist- Khairagarh- Chuikhadan-Gandai (C.G.) for the offence punishable under Sections 281, 221, 132, 324(4), 49, 61(2), 111(2)(B), 3(8) of Bharatiya Nyaya Sanhita (for short ‘BNS’), Section 3 of Prevention of Damages to Public Property Act and and Section 3/181, 5/181 of Motor Vehicles Act. 3. Case of the prosecution, in brief, is that on on 07.11.2024 the Vanpal of Forest Range Salhewara lodged a written report stating that staff at the Rengakhar forest barrier received a call from the Khara forest check-post informing them that a truck bearing registration No. CG-22-C-9977 had broken the barrier and headed towards Salhewara. Complainant Vijay Prasad Tiwari instructed the staff to close the barrier and, upon reaching the spot, found the Rengakhar barrier broken. The employees reported that they had tried to stop the truck, but the driver did not halt and proceeded towards Mohgaon. Based on this report, Police Station Salhewara registered an offence against the truck driver. During investigation 3 the truck was found abandoned near the Ghat section and seized. The vehicle owner was traced as Mukesh Yadav; subsequently co- accused Dhiraj Anil Reddy was arrested, and on the basis of his memorandum statement the applicant and other co-accused were also arrested. The police filed a final report for offences under Sections 281, 221, 132, 324(4), 49, 61(2), 111(2), 3(8) of the Bharatiya Nyaya Sanhita, Section 3 of the Prevention of Damage to Public Property Act, and Sections 3/181 and 5/181 of the Motor Vehicles Act. Hence, the bail application. 4. Learned counsel for the applicants submits that the applicants are innocent and has been falsely implicated, as they neither transported cattle nor participated in the alleged offence. Nothing was seized from them as per the seizure memo, and his arrest rests solely on the memorandum statements of co-accused persons, which at most suggest he was merely a helper on the truck. He further submits that main accused persons in the present case, namely, Faizul Hassan, Rakesh Jaiswal and Shahjad Khan have already been granted bail by this Court vide orders dated 13.06.2025 and 21.08.2025 in MCRC No.4262 of 2025 and MCRC No.5852 of 2025, respectively and the case of present applicants is better than that of the aforementioned co-accused persons. The applicant, namely, Javed Khan is in jail since 20.04.2025 and applicant, namely, Wasim Khan is in jail since 14.05.2025, so far as criminal antecedents of the applicants are concerned, applicant, namely, Javed Khan has three criminal antecedents, out of which, one is of identical nature, one is under Animal Cruelty Act, which 4 was disposed of on 08.02.2019, one is under Animal Cruelty Act and Maharashtra Pashu Parikshan Adhiniyam and applicant, namely, Wasim Khan has five criminal antecedents, out of which, one is of identical nature and rest of the four cases are under the Animal Cruelty Act, further 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. 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 have criminal antecedents, applicant, namely, Javed Khan has three criminal antecedents and applicant, namely, Wasim Khan has five criminal antecedents, as such, they are habitual offender and their bail application is liable to be rejected. 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 that applicant, namely, Javed Khan is in jail since 20.04.2025 and applicant, namely, Wasim Khan is in jail since 14.05.2025, the fact that though the applicants have criminal antecedents, but main accused persons, namely, Faizul Hassan, Rakesh Jaiswal and Shahjad Khan have already been granted bail by this Court vide orders dated 13.06.2025 and 21.08.2025 in MCRC No.4262 of 2025 and MCRC No.5852 of 2025 and the case of present applicants is better than that of the aforementioned co-accused 5 persons, further 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. Accordingly, the application is allowed. 9. Let the Applicants-Javed Khan and Wasim Khan, involved in Crime No. 31/2024 registered at Police Station Salhewara, Dist- Khairagarh- Chuikhadan-Gandai (C.G.) for the offence punishable under Sections 281, 221, 132, 324(4), 49, 61(2), 111(2)(B), 3(8) of BNS, Section 3 of Prevention of Damages to Public Property Act and and Section 3/181, 5/181 of Motor Vehicles Act, be released on bail on his 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 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 applicants 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 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 applicants are 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 them in accordance with law. 10. 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 Akhil