1 2025:CGHC:58675 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9881 of 2025 1 - Viyyapu Appalakonda S/o Viyyapu Devudu Aged About 49 Years R/o Vill. Devavaram, P.S. Nakapalli, Dist.- Vishakhapatnam, Andhra Pradesh 2 - Chappa Nookaraju S/o Chappa Konda Aged About 33 Years R/o Vill. Devavaram, P.S. Nakapalli, Dist.- Vishakhapatnam, Andhra Pradesh ...Applicants versus State Of Chhattisgarh Through P.S.- Hasaud, Dist. Sakti (C.G.) ...Non-applicant For Applicants : Mr. Purnchand, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 03.12.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 162/2025 registered at Police Station Hasaud, District - Shakti (C.G.), for the offences punishable under Section 111 of BNS and Section VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.04 10:50:39 +0530 2 4,6,10 & 11 of the Chhattisgarh Prevention of Agricultural Animal Act 2004. 2. The prosecution story, in brief is that the applicants along with other co-accused persons are alleged of transporting 82 alive cattle to slaughter house at Nagpur Maharashtra illegally in a container vehicle for purpose of slaughtering. The applicants humbly submit that they are innocent and have been falsely implicated in the present case. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that perusal of the charge-sheet reflects that no cogent or reliable evidence has been collected to establish the applicant’s involvement in the alleged offence. A similarly placed co- accused has already been granted bail by this Hon’ble Court in MCRC/8160/2025 vide order dated 13.11.2025. The applicants have been falsely implicated by other co-accused persons, in connivance with certain police officials, solely to shield the real culprits, as the present applicants belong to another State. There is no possibility of the applicants absconding, tampering with evidence, or influencing witnesses. The allegations levelled against them are false and malicious, and apart from the routine seizure of their mobile phones at the time of arrest, there is no prima facie material in the case diary or challan to suggest their involvement. The applicants are permanent residents of the addresses mentioned in the cause title, have strong social roots, and are not of a nature to threaten anyone. They are willing to furnish adequate surety and undertake to abide by all conditions imposed by this Hon’ble Court. Hence, they may kindly be 3 released on bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the applicants, and also taking into account that the charge-sheet has already been filed before the competent Court, and that the co-accused, namely Purushottam Kurre, has already been granted regular bail by this Court in MCRC No. 8160 of 2025 vide order dated 13.11.2025, as well as the fact that the applicants have been in judicial custody since 08.09.2025 and the conclusion of the trial is likely to take some more time, this Court is of the considered opinion that the applicants are entitled to be released on bail in the present case. 7. 7. Let the Applicants – Viyyapu Appalakonda & Chappa Nookaraju involved in Crime No. 162/2025 registered at Police Station Hasaud, District - Shakti (C.G.), for the offences punishable under Section 111 of BNS and Sections 4,6,10 & 11 of the Chhattisgarh Prevention of Agricultural Animal Act 2004, be released on bail on his furnishing personal bond with two local 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 4 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. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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 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 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 Vaibhav