1 2025:CGHC:53423 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7172 of 2025 1 - Naimuddin Ansari S/o Birbal Ansari, Aged About 40 Years R/o Village Baghauta, Thana Meral, District Gadhwa (C.G.) 2 - Mustakim Ansari, S/o Birbal Ansari, Aged About 29 Years R/o Village Baghauta, Thana Meral, District Gadhwa (C.G.) 3 - Abdul Haseem, S/o Abdul Rajjak, Aged About 44 Years R/o Village Birendranagar, District - Balrampur-Ramanujganj (C.G.) ...Applicants versus 1 - State of Chhattisgarh Through - Officer In Charge Of P.S. - Ramanujganj, Police Chowki- Vijaynagar, District - Balrampur- Ramanujganj (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sudhir Sharma, Advocate For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.10.2025 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.63/2025, registered at Police Station – Ramanujganj, District – Balrampur (C.G.) for the offence punishable under Sections 4, 6, 10 of Chhattisgarh Agricultural Cattel Preservation Act, 2004. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.03 17:42:24 +0530 2 2. The case of the prosecution, is that the police received some secret information that during 25.06.2025 to 26.06.2025 at night some cattle smugglers were buying cows and bulls and were taking them towards Jharkhand for slaughter, on receiving information, a raid was conducted but taking advantage of darkness of night and forest and rain, the accused ran away from the spot. Thereafter, the co- accused was identified by the villagers and on the basis of suspicion, thereafter, offence has been registered against the present applicants Hence, this bail application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have falsely been implicated in this case and there is past criminal antecedent of the present applicants in crime No.79 of 2025, registered at Police Station – Ramanujganj Disttrict - Balrampur-Ramanujgaj (C.G.) and in crime No.16 of 2025, registered at Police Station Trikunda against the applicant No.2. He further submits that co-accused person has also been enlarged on bail by this Court in MCRC No.6176 of 2025 along with other connected matter vide order dated 06.08.2025. It is further submitted that the charge-sheet has been filed in this case. The applicants are in jail since 14.08.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is past criminal antecedent of the present applicants in crime No.79 of 2025, registered at Police Station – Ramanujganj Disttrict - Balrampur-Ramanujgaj (C.G.) and in crime No.16 of 2025, registered at Police Station Trikunda against the applicant No.2, and the charge-sheet has been filed in this case. 3 5. I have heard learned counsel for the parties and perused all of 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 considering the fact that co-accused person has also been enlarged on bail by this Court in MCRC No.6176 of 2025 along with other connected matter vide order dated 06.08.2025, charge-sheet has been filed against the applicant, the applicants are in jail since 14.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application on the ground of parity. 7. Let applicants, Naimuddin Ansari, Mustakim Ansari and Abdul Haseen involved in Crime No.63/2025, registered at Police Station – Ramanujganj, District – Balrampur (C.G.) for the offence punishable under Sections 4, 6, 10 of Chhattisgarh Agricultural Cattel 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 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali