1 2025:CGHC:57295 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9557 of 2025 Khilesh Sahu S/o Late Shri Mahesh Sahu Aged About 36 Years R/o Gondpara Nandai, Police Station- Basantpur, District- Rajnandgaon C.G. ... Applicant versus The State Of Chhattisgarh Through The Station House Officer, Police Station- Somani, District- Rajnandgaon C.G. ... Respondent For Applicant : Shri Aniruddha Shrivastava, Advocate. For Respondent/State : Shri Malay Jain, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/11/2025 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.148/2025 registered at Police Station Somani, Distt. Rajnandgaon (C.G.) for the offence punishable under Sections 111, 325, 3(5), of GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.26 16:55:16 +0530 2 B.N.S. 2023 and section 4, 6, 10 of the Chhattisgarh Krishak Pashu Parirakshan Adhiniyam 2004 and section 11 of the Pashu Krurta Adhiniyam 1960. 2. Case of the prosecution, in brief, is that on 11.07.2025 Police of Police station - Somani District Rajnandgaon have received the Secret information that in Truck No. MH-35-AJ-2992 cattle's were transported for slaughter purpose so the police officer prepared the search team and stopped the truck in near Govt. School Shikaritola and during search 34 cattle's were found in the truck out of which 11 were dead, so the police has seized the Truck as well as cattle and registered the FIR against the present applicant and other co-accused persons, after completing the investigation charge sheet has been filed before the court below. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that co-accused namely Abdul Razique has been granted bail by this court in MCRC No.7664/2025 on 3/11/2025. He would submit that the applicant has four criminal antecedents, out of which three cases are disposed of and one case is pending, the charge sheet has been filed in this case, the applicant is in jail since 11/07/2025 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 and he would submit that charge sheet has been filed in this case before the competent court and the applicant has four criminal antecedents which has been explained in para 4 (A) of the bail 3 application. 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, nature of allegation levelled against the applicant, further the fact that co-accused namely Abdul Razique has been granted bail by this court in MCRC No.7664/2025 on 3/11/2025, applicant has four criminal antecedents, out of which three cases are disposed of and one case is pending, period of detention of the applicant since 11/07/2025, 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- Khilesh Sahu, involved in Crime No.148/2025 registered at Police Station Somani, Distt. Rajnandgaon (C.G.) for the offence punishable under Sections 111, 325, 3(5), of B.N.S. 2023 and section 4, 6, 10 of the Chhattisgarh Krishak Pashu Parirakshan Adhiniyam 2004 and section 11 of the Pashu Krurta Adhiniyam 1960, 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. 4 (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) 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