1 2025:CGHC:60295 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10223 of 2025 1 - Arjun Singh Rathore S/o Jagnnath Rathore @ Jaynath Aged About 36 Years R/o Village Khalbahra Chowki, Venkatnagar, P.S. Jaithari, District Anuppur, Madhya Pradesh 2 - Ashok Rathore S/o Santosh Rathore Aged About 30 Years R/o Village Khalbahra Chowki, Venkatnagar, P.S. Jaithari, District Anuppur, Madhya Pradesh ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station- Marwahi, District – Gaurela-Pendra-Marwahi, Chhattisgarh. ---- Non-applicant For Applicants : Mr. Shyam Kumar, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.12.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 185/2025, registered at Police Station – Marwahi, District – Gaurela- Pendra-Marwahi (C.G.) for the offence punishable under Sections 4, 6 and 10 of Chhattisgarh Krishi Pashu Parirakshan Adhiniyam, 2004 and Section 11 of the Prevention of Cruelty to Animals Act, 1960 and Sections 61(2) and 112 of BNS. 2. The case of the prosecution, is that the complainant police of the police RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 station Marwahi received secret information from the informant that the applicants along with other co-accused persons were illegally taking cattle from the forest on foot for slaughtering them in another State. Based upon the information, the police authorities of P.S. Marwahi conducted raid and caught the present applicants and arrested them. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there is only one criminal antecedent of the applicant No.1 in which he is acquitted and there is no criminal antecedents of the applicant No.2. It is further submitted that the charge-sheet has been filed in this case, and the co-accused persons have been granted bail by this Court vide order dated 27.10.2025 passed in MCRC Nos. 6680/2025 and 7147/2025. The applicants are in jail since 14.10.2025 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 opposes the bail application and submits that there is only one criminal antecedent of the applicant No.1 and no criminal antecedents of the applicant No.2, and the charge-sheet has been filed in this case. It is further submitted that applicants along with other co-accused persons were illegally taking cattle from the forest on foot for slaughtering them in another State, therefore, applicants are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that there is only one criminal antecedent of the applicant No.1 in which he is acquitted and there is no criminal antecedents of the applicant No.2, charge-sheet has been filed against the applicants and the co-accused persons have been granted bail by this Court vide order dated 27.10.2025 passed in MCRC Nos. 6680/2025 and 7147/2025, the applicants is in jail since 14.10.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Arjun Singh Rathore and Ashok Rathore, involved in Crime No. 185/2025, registered at Police Station – Marwahi, District – Gaurela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 4, 6 and 10 of Chhattisgarh Krishi Pashu Parirakshan Adhiniyam, 2004 and Section 11 of the Prevention of Cruelty to Animals Act, 1960 and Sections 61(2) and 112 of BNS, be released on bail on his furnishing a personal bond with two local sureties 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 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 applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient 4 cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants 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 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 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 Rajshekhar