1 2025:CGHC:457 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8771 of 2024 Bablu Mondal S/o Birendra Mondal Aged About 40 Years R/o Village P.V. 114, Bharatpur, Thana And Tahsil Pakhanjore, District U.B. Kanker, Chhattisgarh. ... Applicant versus The State of Chhattisgarh Through Police Station Pakhanjore, District U.B. Kanker, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Parag Kotecha, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 03/01/2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 153/2024, registered at Police Station – Pakhanjore, District U.B. Kanker (C.G.) for the offence punishable under Sections 4, 6 and 10 of C.G. Krishak Pashu Parikshan Adhiniyam and Section 11 of Pashu Ke Prati Krurta Nivaran Adhiniyam. 2 2 The case of the prosecution, in brief, is that an allegation against the applicant that 20 agriculture Cows, Bulls and Calves, were being taken to Maharashtra Slaughter House by the applicant by tying them with a rope around the neck and one leg and further allegation is that he was beating them without providing any feed or water. Hence, an offence under aforesaid section was registered against the applicant. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the the criminal history which is stated to be applicant from the year 2001 to 2013, charge-sheet has been filed and the applicant is in jail since 08.08.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the criminal history which is stated to be applicant from the year 2001 to 2013, which is old and stale, the charge- sheet has been filed and he is in jail since 08.08.2024 and 3 conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Bablu Mondal, involved in Crime No. 153/2024, registered at Police Station – Pakhanjore, District U.B. Kanker (C.G.) for the offence punishable under Sections 4, 6 and 10 of C.G. Krishak Pashu Parikshan Adhiniyam and Section 11 of Pashu Ke Prati Krurta Nivaran Adhiniyam, 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 his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of 4 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 his, 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 his in accordance with law. 8 Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti