1 2025:CGHC:47508 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7448 of 2025 Kaliram Dhivar, Aged About 26 Years, S/o Dron Dhivar, R/o Dhivar Para, Arang, Charoda, District Raipur (C.G.) 493441.........(As Per Correct Details) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Kharora, District Raipur (C.G.) ... Respondent For Applicant : Shri Sachin Nidhi, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/09/2025 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.406/2025 registered at Police Station Kharora, Dist.- Raipur (CG) for the offence punishable under Section 11 D of Prevention of Cruelty GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.17 16:52:10 +0530 2 to Animal Act, 1960 & Section 6, 10, 11 of C.G. Agriculture Cattle Preservation Act, 2004. 2. Case of the prosecution, in brief, is that the Sub Inspector of Kharora Police Station received information from an informant that on the National Highway Balodabazar Raipur road, Mazda vehicle no. CG 04 JD 7848 is ill-legally transporting buffaloes to the slaughter house. After that, the officer immediately left for the place with staff and witness, where it has been found that the offending vehicle collide with some other vehicle in the road due to which the driver ran away and when the vehicle was opened and searched, the police has seized 15 buffaloes. On the basis of aforesaid story of the prosecution, the Police Station Kharora has registered a crime under section 11 D of Prevention of Cruelty to Animal Act, 1960 & Sec 6, 10, 11 of C.G. Agriculture Cattle Preservation Act, 2004 under crime number 406/2025. 3. Learned counsel for the applicant submits that the applicant is a innocent person and he has been falsely implicated in the case. He would submit that the offending vehicle is not owned by the applicant, the vehicle no. CG.04.JD.7848 was sold by the applicant to the person namely Umesh Devda on 09.02.2022 through a sale agreement after which the vehicle was operated by the buyer. He would submit that co- accused namely Aftab Khan has already been granted bail by this Court in MCRC No. 5635/ 2025 on 20.08.2025. He would submit that the charge sheet has been filed in this case, applicant is in jail since 22/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel do not dispute the fact that co-accused namely Aftab Khan has already been granted bail by this Court in MCRC No. 5635/2025 on 20.08.2025. She would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. 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, considering the fact that co-accused namely Aftab Khan has already been granted bail by this Court in MCRC No. 5635/2025 on 20.08.2025, period of detention of the applicant since 22/06/2025, charge sheet has been filed, applicant has no criminal antecedents 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. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Kaliram Dhivar, involved in Crime No.406/2025 registered at Police Station Kharora, Dist.- Raipur (CG) for the offence punishable under Section 11 D of Prevention of Cruelty to Animal Act, 1960 & Section 6, 10, 11 of C.G. Agriculture Cattle Preservation Act, 2004, 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 4 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. (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