1 2025:CGHC:53895 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8793 of 2025 Siyaram Sahu S/o Samharu Sahu, Aged About 33 Years, R/o Village Katkona, P.S. Bijuri, Tahsil Kotma, District - Anuppur (M.P.) ... Applicant versus State of Chhattisgarh Through - TI Police Station Marwahi, District Gaurela-Pendra-Marwahi, C.G. ... Non-applicant For Applicant : Mr. Avadhesh Mishra, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.11 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 125/2025, registered at Police Station – Marwahi, District Gaurela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 4,6, 10 of Chhattisgarh Agricultural Cattle Preservation Act, 2004 and Section 11 of the Prevention of Cruelty to Animals Act, 1960. 2. The prosecution story, in brief, is that, acting on secret information, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.06 13:24:11 +0530 2 the police from Police Station Marwahi reached the spot and found five accused persons secretly transporting agricultural cattle through a forest route. The police also observed that the accused were beating and torturing the cattle for the purpose of slaughter. The police managed to apprehend one co-accused, namely Manrakhan Singh Maravi, from the spot. Upon investigation, and on the basis of the memorandum statements of all the accused persons, the present case was registered against the applicant under Sections 4, 6, and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004, and Section 11 of the Prevention of Cruelty to Animals Act, 1960. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant has been arrested merely on the basis of suspicion due to his previous criminal record. The applicant is a farmer who buys and sells agricultural cattle in good faith and is the sole breadwinner of his family. He also submits that the co-accused persons have already been granted bail by this Court vide order dated 27.10.2025 passed in MCRC Nos. 6680/2025 and 7147/2025. It is also submitted that the applicant has one previous criminal antecedent, which is presently under trial before the learned JMFC, Anuppur (M.P.). The charge-sheet has already been filed in the present case. The applicant has been in judicial custody since 22.09.2025, and the trial is likely to take considerable time to conclude. Therefore, he prays that the applicant be released on bail. 3 4. On the other hand, the learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed in the present case. He further submits that the applicant has one previous criminal antecedent of a similar nature in the State of Madhya Pradesh, therefore, the applicant is not entitled to be granted bail. 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 the fact that the co-accused persons have already been granted bail by this Court vide order dated 27.10.2025 passed in MCRC Nos. 6680/2025 and 7147/2025, further the applicant has one previous criminal antecedent of similar nature in the State of M.P which is under trial, further the charge-sheet has already been filed in this case and he is in jail since 22.09.025, the trial is likely to take considerable 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. Let the applicant- Siyaram Sahu, involved in Crime No. 125/2025, registered at Police Station – Marwahi, District Gaurela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 4,6,10 of Chhattisgarh Agricultural Cattle Preservation Act, 2004 and Section 11 of the Prevention of Cruelty to Animals Act, 1960, be released on bail on his furnishing a personal bond with two local sureties in the like 4 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. (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) 5 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 Preeti