1 2025:CGHC:53900 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8784 of 2025 1 - Mahesh Yadav S/o Chetan Yadav Aged About 30 Years R/o Village - Khujaha, Police Station - Lorami, District - Mungeli (C.G.) 2 - Prakash Anchal S/o Jeevan Lal Anchal Aged About 19 Years R/o Village - Kindariyapara, Police Station - Fastarpur, District - Mungeli (C.G.) 3 - Ram Anchal S/o Bhukhan Anchal (Wrongly Mentioned As S/o Bhukhan Anlach) Aged About 20 Years R/o Village - Kindariyapara, Police Station - Fastarpur, District - Mungeli (C.G.) 4 - Pakala Kumar Ogare S/o Ramesh Ogare Aged About 20 Years R/o Village - Bhatgaon, Police Station - Mungeli, District - Mungeli (C.G.) 5 - Suresh Ogare S/o Nawal Das Ogare Aged About 22 Years R/o Village - Bhatgaon, Police Station - Mungeli, District - Mungeli (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - The Station House Officer, Police Station - Kota, District - Bilaspur (C.G.) ... Respondent(s) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 For Applicant(s) : Mr. Paras Mani Shriwas, Advocate. For Respondent(s) : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/11/2025 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 applicants who have been arrested in connection with Crime No. 914/2025 registered at Police Station Kota, District - Bilaspur (C.G.) for the offence punishable under Sections 4, 6, 10 of C.G. Agricultural Cattle Preservation Act, 2004 and Section 11 of Cruelty of Animals Act, 1960. 2. Case of the prosecution, in brief, is that on 23.09.2025, the complainant, namely, Abhay Singh Kshatriya lodged a written complaint at Police Station Kota, District Bilaspur (C.G.), alleging that the applicants were illegally transporting 80 bulls (oxen) for the purpose of slaughter. During the said transportation, the applicants were intercepted and apprehended by the prosecution authorities. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the actual fact of the case is that the farmers of nearby villages had sown their crops during the rainy season, which were being 3 damaged by stray cattle. To prevent further loss, the Panchayat and villagers resolved to leave the stray cattle in the forest. Accordingly, the applicants were taking the cattle to the forest when the complainant obstructed their way and later lodged a false complaint with mala fide intention. The applicants are in jail since 23.09.2025, the applicants have no criminal antecedents, 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 applicants. 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. He further submits that the applicants are alleged to have been transported about 80 bulls (oxen) illegally for the purpose of slaughter, in violation of the provisions of animal protection laws, for which they were intercepted and apprehended by the police, therefore, the applicants are not entitled for grant of 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 applicants since 23.09.2025, the fact that though the applicants are alleged to have been transported about 80 bulls (oxen) illegally for the purpose of slaughter, but considering the fact that the applicants 4 have no criminal antecedents and charge-sheet has been filed, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicants-Mahesh Yadav, Prakash Anchal, Ram Anchal, Pakala Kumar Ogare and Suresh Ogare, involved in Crime No. 914/2025 registered at Police Station Kota, District - Bilaspur (C.G.) for the offence punishable under Sections 4, 6, 10 of C.G. Agricultural Cattle Preservation Act, 2004 and Section 11 of Cruelty of Animals Act, 1960, be released on bail on their furnishing a personal bond with two 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 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 5 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. 9. 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 Akhil