1 2025:CGHC:60094 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8904 of 2025 Gulab Singh S/o Santram Aged About 30 Years R/o Village- Matiyadand, P.S.- Marwahi, Tah. - Marwahi, District- Gaurela Pendra Marwahi, (C.G.) ... Applicant versus State Of Chhattisgarh Through - Police Station- Marwahi, District- Gaurela Pendra Marwahi (C.G.) ... Respondent For Applicant : Shri Navneet Kumar Yadav, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/12/2025 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.185/2025 registered at Police Station Marwahi, District- Gaurela GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.11 18:14:46 +0530 2 Pendra Marwahi (C.G.) for the offence punishable under Sections 4, 6, 10 of the C.G. Krishak Pashu Parirakshan Adhiniyam and section 11 of the Prevention of Cruelty to Animal Act and 61(2), 112 Bhartiya Nyay Sanhita. 2. Case of the prosecution, in brief, is that on 14/10/2025, information was received from an informer that some persons were taking cattle through the forest without any documents, beating and torturing them, on foot from Bahrijhorki Naka forest to another state for slaughter were carrying 11 Nag Buffaloes, 2 Nag female Buffaloes in the vehicle and other co accused run away Marwahi in forest from the spot. Thereafter the Police Station registered a case as a crime No. 185/2025 for the offence punishable under section 4, 6, 10 of the C.G. Krishak Pashu Parirakshan Adhiniyam and section 11 of the Prevention of Cruelty to Animal Act and 61(2), 112 Bhartiya Nyay Sanhita against the main accused and applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case due to enmity. He would submit that the applicant is in jail since 14/10/2025 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 the applicant has one criminal antecedent. 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, period of detention 3 of the applicant since 14/10/2025, applicant has one criminal antecedent 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- Gulab Singh, involved in Crime No.185/2025 registered at Police Station Marwahi, District- Gaurela Pendra Marwahi (C.G.) for the offence punishable under Sections 4, 6, 10 of the C.G. Krishak Pashu Parirakshan Adhiniyam and section 11 of the Prevention of Cruelty to Animal Act and 61(2), 112 Bhartiya Nyay Sanhita, 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. (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 4 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