1 2025:CGHC:59807 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10122 of 2025 Domesh Malghati S/o Shri Santosh Malghati, Aged About 25 Years R/o Village Kakodi, Thana Chichgarh , District- Gondiya (M.H.) ... Applicant versus The State of Chhattisgarh Through District- Magistrate, District- Rajnandgaon (C.G.) ... Non-Applicant For Applicant : Mr. Samir Singh, Advocate. For Non-Applicant/State : Mr. Swajeet Singh Ubeja, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.12.2025 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. 244/2025 registered at Police Station- Chhuriya, District Rajnandgaon, (C.G.) for the offence punishable under Sections 4, 6, 10 & 11 of C.G. Agricultural Cattle Preservation Act, 2004 and 11 of Prevention of Cruelty to Animals Act & 111 (2) B of BNS, and 146/196, 66/192 of Motor Vehicle Act. 2. Case of the prosecution, in brief, is that on 09.10.2025, a secret information was received stating that a pickup vehicle bearing RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 registration No. CG 08-V/3242 was traveling towards Maharashtra carrying four cattle, which were found to be loaded in a cruel manner and were allegedly being transported to a slaughterhouse. Thereafter, an offence was registered against unknown persons. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that nothing has been seized from the possession of the present applicant. He further submits that similarly situated co-accused person, namely, Deepesh Dharamdas has already been granted bail by this Court vide order dated 04.12.2025 in MCRC No. 9886/2025. He also submits that the applicant has only 01 criminal antecedent, in which he is on bail and he is in jail since 10.10.2025, the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the present applicant was jointly involved with co-accused in illegally purchasing and transporting cattle for supplying them to a person in Maharashtra for slaughter, he allegedly accompanied the co-accused during the incident and fled from the spot on seeing the police, indicating his active participation in the illegal cattle transport. He further submits that the present applicant has 01 criminal antecedent under the similar nature which shows that he is a habitual offender therefore, the applicant is not entitled for grant of 3 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, period of detention of the applicant since 10.10.2025, the fact that though the present applicant was jointly involved with co-accused in illegally purchasing and transporting cattle for supplying them to a person in Maharashtra for slaughter, but other co-accused person, namely, Deepesh Dharamdas has already been granted bail by this Court vide order dated 04.12.2025 in MCRC No. 9886/2025, and the case of present applicant is identical to that of the co-accused person, further the applicant has 01 criminal antecedent in which he is on bail and the charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant – Domesh Malghati, involved in Crime No. 244/2025 registered at Police Station- Chhuriya, District Rajnandgaon, (C.G.) for the offence punishable under Sections 4, 6, 10 & 11 of C.G. Agricultural Cattle Preservation Act, 2004 and 11 of Prevention of Cruelty to Animals Act & 111 (2) B of BNS, and 146/196, 66/192 of Motor Vehicle Act, be released on bail on furnishing 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 4 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 sufÏcient 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 sufÏcient 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. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan