1 2025:CGHC:40215 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6336 of 2025 Hanok Tandi S/o Gangaram Tandi Aged About 43 Years R/o Gali No. 1 Vijay Nagar Ward No. 28, Shankar Nagar, District - Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Khamardih District - Raipur (C.G.) ... Respondent For Applicant : Shri Purnchand, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/08/2025 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.124/2025 registered at Police Station Khamardih, Civil and Revenue District Raipur (C.G.) for the offence punishable under Sections 299 of BNS and 11 (1) of Prevention of Cruelty to Animals Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.13 18:45:12 +0530 2 2. Case of the prosecution, in brief, is that that on 06.06.2025 the applicant has committed unnatural act with 3 different cows which are considered sacred in Hindu religion. By doing this the religious sentiments of the followers of Hindu religion have been hurt allegation against the applicant and FIR has been lodged its Crime no 124/2025 offence U/S 299 of BNS and Section 11 (1) of the Prevention of Cruelty to Animals Act has been registered against the applicant by Police Station Khamtarai District Raipur, C.G. and the applicant was arrested on 07.06.2025. Hence, this bail application. 3. Learned counsel for the applicant submits the applicant has been falsely implicated in the case and he has no nexus with the incident narrated by the prosecution. He would submit that there is no strong evidence against the applicant, he has been implicated only out of jealousy in which no wrongdoing has been done by the applicant, where he is residing with joint family and he has been false involved in this crime. He would submit that the charge sheet has been filed in this case and the applicant is in jail since 07/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. She would submit that charge sheet has been filed in this case before the competent court and the applicant has three 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, 3 nature of allegation levelled against the applicant, period of detention of the applicant since 07/06/2025, charge sheet has been filed 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. Accordingly, the bail application is allowed and it is directed that the Applicant- Hanok Tandi, involved in Crime No.124/2025 registered at Police Station Khamardih, Civil and Revenue District Raipur (C.G.) for the offence punishable under Sections 299 of BNS and 11 (1) of Prevention of Cruelty to Animals Act, 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 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 4 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