1 2025:CGHC:59326 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8440 of 2025 • Sanjay Tandan S/o Genduram Tandan Aged About 40 Years R/o Gram Tarkidih, P.S. Jarhagaon, District Mungeli, Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through Station House Officer, P.S. Jarhagaon, District Mungeli, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sanskar Rajput, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/12/2025 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.118/2025 registered at Police Station Jarhagaon, District – Mungeli (C.G.) under Sections 4, 6 and 10 of the C.G. Agricultural Animal Protection Act, 2004 and under Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960. 2. Case of the prosecution is in a nutshell that, 19.08.2025 the police received secret information from the informant is that a Mazda truck bearing registration no. CG.04.NU 1900, painted in catechu color, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.08 11:01:33 +0530 2 was transporting cattle in a cruel manner from village Motipur towards slaughterhouse, acting upon the information, the head constable along with police staff and independent witnesses reached village Motipur and laid a siege. On seeing the police, the alleged cattle smugglers fled from the spot, and the truck driver tried to escape with the loaded cattle. However, when chased, he abandoned the truck on the main road of village semarschua and manage to run away under the cover of darkness. Then, on inspection of the said truck in the presence of the witnesses, 09 she-buffaloes and 10 buffaloes were found to loaded in cruel manner. Then the cattle were seized and Crime no, 118/2025 was registered 4, 6, 10 of the Chhattisgarh Agricultural Animal Protection Act, 2004 and11(1)(D) of the Prevention of Cruelty to Animals Act 1960. During the investigation, the present applicant along with some other persons was allegedly found involve in the said offence. 3. Learned counsel for the applicant submits that the present applicants is innocent and he has been falsely implicated in the present case. He would submit that there is no eyewitness account to the applicant present or participating in the alleged transportation of cattle. He would submit that the applicant is in jail since 22/08/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, submissions made by learned counsel for the parties, period of detention of the applicant since 22/08/2025 and charge sheet has been filed and trial is likely to 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. Let the Applicant – Sanjay Tandon, involved in Crime No.118/2025 registered at Police Station Jarhagaon, District – Mungeli (C.G.) under Sections 4, 6 and 10 of the C.G. Agricultural Animal Protection Act, 2004 and under Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960, be released on bail on his furnishing 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. (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. 4 (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 concerned for necessary information and compliance forthwith. sd/- (Ramesh Sinha) Chief Justice vaishali