1 2025:CGHC:53687 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7664 of 2025 • Abdul Razique S/o Shri Abdul Rafiq Aged About 40 Years R/o Near Pathanpura Masjid, Ward No. 13, Thana - Murtijapur, District- Akola (Maharashtra) ... Applicant versus • The State of Chhattisgarh Through The Station House Officer, Police Station - Somani, Distt.- Rajnandgaon (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Rajendra Patel, Advocate For Respondent/State : Mr. Soumya Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/11/2025 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, District-Rajandgaon (C.G.) for the offence punishable under Sections 111, 325, 3(5) of BNS and Section 4,6, 10 of the C.G. Krishak Pashu Parikshan 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 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.04 17:54:29 +0530 2 Police Station Somani, District-Rajandgaon (C.G.) have received the 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 Government 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, hence, this bail application. 3. Learned counsel for the applicants submit that the applicant is innocent and has been falsely implicated in the present case. He would submit that applicant was not involved in the purchasing or selling the animals for the slaughter purpose, but on the basis of false information given by the Gau Sewa stopped the applicant on the way, implicated in crime in question. He also submits that there is no criminal antecedents against the applicant, he is in 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 she would submit that charge sheet has been filed in the present case. He further submits that applicant is a resident of the State of Maharashtra and he has no criminal antecedent. It is further submitted that during search 34 cattle’s were found in the truck, out of which 11 were dead, therefore, applicant is not entitled for grant of regular bail. 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 offence, considering the fact that applicant has 3 no criminal antecedent, he is in jail since 11.07.2025, charge sheet has been filed, looking to the period of detention of the applicant and 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. Let the Applicant- Abdul Razique involved in Crime No.148/2025 registered at Police Station Somani, District-Rajandgaon (C.G.) for the offence punishable under Sections 111, 325, 3(5) of BNS and Section 4,6, 10 of the C.G. Krishak Pashu Parikshan Adhiniyam 2004 and Section 11 of the Pashu Krurta Adhiniyam 1960 on furnishing a personal bond with two local 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 court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance 4 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 vaishali