1 2025:CGHC:61540 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9287 of 2025 1 - Brijendra Singh S/o Dalpratap Singh Aged About 22 Years R/o Village Katwar, Police Station Kotadol, District Manendragarh-Chirmiri-Bharatpur (C.G.) 2 - Ramsuhawan Jaiswal S/o Manbodhi Jaiswal Aged About 65 Years R/o Village Bajari, Police Station Sarai, District Singrouli (M.P.) 3 - Ramesh Kumar Yadav S/o Kisun Prasad Yadav Aged About 22 Years R/o Village Kerha, Police Station Muibhad, District Sidhi (M.P.) 4 - Indrajeet Yadav S/o Shabhanath Yadav Aged About 38 Years R/o Village Kerha, Police Station Muibhad, District Sidhi (M.P.) ... Applicant(s) versus State Of Chhattisgarh Through - Station House OfÏcer, Police Station Kotadol, District - Manendragarh-Chirmiri-Bharatpur (C.G.) ---- Non-applicant(s) For Applicants : Mr. Ramsajiwan, Advocate For Non-Applicant : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/12/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 the applicants who have been arrested in connection with Crime No. 53/2025 registered at Police Station- Kotadol, District- Manendragarh-Chirmiri-Bharatpur (C.G.) for the offence punishable under Sections 4, 6, 10 of Chhattisgarh Krishak Pashu Parikshan Adhiniyam and Section 11 (1)(d) of Pashu Krurta Niwaran Adhiniyam. 2. As per the prosecution case, on 18.10.2025, the Police of Police Station Kotadol received information that certain persons had kept buffaloes for the purpose of taking them to a slaughterhouse. Acting upon the said information, a raid was conducted in the forest area, during which a total of seven animals were found in the possession of the present applicants. It is alleged that although food was being provided to the animals, the applicants failed to produce any valid documents before the police. Consequently, a crime was registered and the present applicants were arrested. 3. Learned counsel for the applicants submit that the applicants are innocent persons and have been falsely implicated in the present case. It is further submitted that the applicants were arrested merely on suspicion and were not present at the spot at the time of the alleged incident. He further submits that the applicants have neither committed nor participated in any act which may constitute the offences alleged against them. It is also submitted that the evidence collected by the prosecution is not prima facie sufÏcient to establish the guilt of the applicants. He further submits that the alleged offences are bailable in nature and carry a maximum sentence of three years only. He lastly submits that in the present case, charge- 3 sheet has been filed before the competent Court and only the applicant No.2 has 8 criminal antecedents under the Excise Act in which fine has been imposed and rest applicants have no criminal antecedents and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicants. 4. Learned State Counsel opposes the bail application and submits that as per the prosecution case, seven buffaloes were recovered from the possession of the present applicants pursuant to a raid conducted on the basis of prior information and the applicants failed to produce any valid documents in respect of the said animals. The offence alleged is serious in nature and involves illegal transportation of animals for slaughter. It is further submitted that applicant No. 2, namely Ramsuhawan Jaiswal, is a habitual offender and has as many as eight previous criminal antecedents under the Excise Act, which disentitles him from the benefit of bail. Considering the gravity of the offence and the criminal history of applicant No. 2, the applicants do not deserve to be released on bail and the bail application is liable to be rejected. 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 and gravity of allegation levelled against the applicants and the fact that the applicant No.2 namely Ramsuhawan Jaiswal has 8 criminal antecedents under the Excise Act and all cases have been disposed off by imposing fine amount and in the present case, charge-sheet has been filed before the competent Court and rest 4 other applicants have no criminal antecedent further the applicants are in jail since 19.10.2025 and conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. 8. Let the Applicants -Brijendra Singh, Ramsuhawan Jaiswal, Ramesh Kumar Yadav and Indrajeet Yadav, involved in Crime No. 53/2025 registered at Police Station- Kotadol, District- Manendragarh-Chirmiri-Bharatpur (C.G.) for the offence punishable under Sections 4, 6, 10 of Chhattisgarh Krishak Pashu Parikshan Adhiniyam and Section 11 (1)(d) of Pashu Krurta Niwaran Adhiniyam, be released on bail on their furnishing a 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 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 sufÏcient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during 5 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 Bhartiya 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 applicant is deliberate or without sufÏcient 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. 9. OfÏce is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Kunal