1 2025:CGHC:50093 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7936 of 2025 1 - Prashant Urf Goldi Masih S/o Pradeep Masih Aged About 30 Years R/o Village - Ganeshpur, Police Station - Simga, District- Balodabazar- Bhatapara (C.G.) 2 - Nailesh Urf Jimmy Masih S/o Shail Masih Aged About 30 Years R/o Village- Ganeshpur, Police Station - Simga, District- Balodabazar- Bhatapara (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Sho Police Station - Simga, District- Balodabazar-Bhatapara (C.G.) ... Non-applicant(s) For Applicants : Mr. Aman Tamrakar, Advocate For Non-applicant/State : Ms. Supriya Upasane, Govt. Adv. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.10.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 15/2025, registered at Police Station- Simga, District- Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 325, 3(5), 111 of BNS and Section 4, 5, 10, 11 of the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Chhattisgarh Agricultural Cattle Preservation Act, 2004 and Section 11 of Prevention of Cruelty of Animal Act 1960. 2. The case of the prosecution is that on 07.01.2025, during a village tour and patrolling, information was received from an informer that some residents of Dwan Ganeshpur were slaughtering cows and cutting their meat near Mahapur Bandha pond. This information was conveyed to witnesses Prakash Masih and Jaywant Masih, and a panchnama of the information was prepared on the boat. Accompanied by staff and witnesses, a raid was conducted near the Bandha pond in Ganeshpur village. During the raid, some individuals fled the scene upon seeing the police, while one person was found cutting cow meat. Upon questioning, he identified himself as Naresh Ram, son of Biraj Rai, aged 52 years, a resident of Ganeshpur, Police Station Simga, District Balodabazar, Bhatapara (C.G.). He disclosed that he along with Lalu Masih, Nitya Masih, Goldy Masih, Jimmy Masih, Baba Masih, Mojesh alias Baburao Masih, Anil Masih, and Sunil Masih, all residents of Ganeshpur, they had captured a red calf in Deephar, taken it to an empty spot near the Bandha pond, and killed it by striking its head with a tangia (axe). Naresh Ram was issued a notice under Section 94 B.N.S.S. and asked to produce any documents related to the slaughter and meat cutting, but he admitted that he had no such documents. A red calf, weighing approximately 150 kg, halfskinned, along with a tangia and a knife with wooden handles, valued at Rs. 13,000/-, were recovered in the presence of witnesses and duly sealed. The accused was arrested on the spot on 07.01.2025, and a case was 3 registered under Section 325, 3(5) BNS, and Sections 4, 5, 10, and 11 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004. Subsequently, during the investigation, Section 111 BNS (organized crime) was added after it was found that the act fell under this provision. While searching for the absconding accused, Rupesh Kashyap and Suresh Kumar Das were apprehended on 28.01.2025, and their memorandum statements confirmed their involvement under Section 111 BNS. 3. Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in the instant case, having no role whatsoever in the alleged act. No incriminating article have been seized from their possession, and there is no allegation of transportation of animals against them. The applicants have been arrested merely on the basis of the memorandum of co- accused persons, without any independent evidence or notice from the prosecution. The applicants are a law-abiding citizen, having family responsibilities and being the sole earning member of his family. It is further submitted that the main accused namely Rupesh Kashyap and Suresh Kumar Das have already been granted bail by this Court in MCRC No. 1530/2025 vide order dated 19.03.2025, co-accused Elu @ Sahil Masih has been enlarged on anticipatory bail in MCRCA No. 1219/2025 vide order dated 12.08.2025, and other co-accused namely Nirupa Masih, Lalu @ Rupendra Masih, and Sunil Masih have also been granted bail in MCRC No. 7604/2025 vide order dated 22.09.2025. Hence, the case of the present applicant stands on the same footing. The applicant is in 4 judicial custody since 06.08.2025, and as the trial is likely to take considerable time for its conclusion, continued detention would cause irreparable hardship to his poor family. Therefore, it is humbly prayed that the applicant may kindly be released on bail. 4. Learned State Counsel opposes the prayer for grant of bail and submits that the offence alleged is of a serious nature involving organized slaughter of cattle, which affects public order and religious sentiments. It is further contended that during investigation, the applicants’ names surfaced in the memorandum statements of co-accused, indicating their active involvement in the commission of the offence. The recovery of slaughtered cattle and related articles corroborates the prosecution version and there is a strong prima facie case against the applicants. Therefore, considering the gravity of the offence and its social impact, the applicants do not deserve to be released on bail at this stage. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the overall facts and circumstances of the case, nature and gravity of the allegations levelled against the applicants and the fact that the main accused, namely Rupesh Kashyap and Suresh Kumar Das, have already been granted bail by this Court in MCRC No. 1530/2025 vide order dated 19.03.2025, co-accused Elu @ Sahil Masih has been enlarged on anticipatory bail in MCRCA No. 1219/2025 vide order dated 12.08.2025, and other co-accused namely Nirupa Masih, Lalu @ Rupendra Masih, and Sunil Masih have also been granted bail by this Court in MCRC 5 No. 7604/2025 vide order dated 22.09.2025, it is evident that the case of the present applicants stands on a similar footing and the applicants are in jail since 06.08.2025 and have no criminal antecedents and that the trial is likely to take considerable time for its conclusion, this Court is of the considered opinion that the applicants are entitled to be released on regular bail. 7. Let applicants, Prashant Urf Goldi Masih and Nailesh Urf Jimmy Masih, involved in Crime No. 15/2025, registered at Police Station- Simga, District- Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 325, 3(5), 111 of BNS and Section 4, 5, 10, 11 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004 and Section 11 of Prevention of Cruelty of Animal Act 1960 be released on bail on their furnishing a personal bond with two sureties each 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 they 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. 6 (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their 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 them, 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 are deliberated 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 them 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 Kunal