1 2025:CGHC:7554 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 695 of 2025 Roshan Gupta S/o Jamuna Prasad Aged About 51 Years R/o Village- Tekanaka, Kamathi Road, Police Station- Jaripataka, Tahsil- Nagpur, District- Nagpur (Maharastra) ... Applicant versus State of Chhattisgarh Through- The Station House OfÏcer, Police Station- Janjgir, District – Janjgir-Champa (Chhattisgarh) ... Non-applicant For Applicant : Mr. Paras Mani Shriwas, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 12.02.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 698/2023 registered at Police Station – Janjgir, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 4, 6 and 10 of the C.G. Agricultural Cattles Preservation Act, 2004, and Section 11 of the Cruelty of Animals Act and Section 279 and 479 of the Indian Penal Code (IPC). 2. Case of the prosecution, in brief, is that on the date of the incident RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI Date: 2025.02.13 16:34:13 +0530 2 applicant was transporting a total of 27 Buffaloes (Bhainsa) through the vehicle Truck No. CG-15-DG-9955 for going to slaughter house, due to rash driving of the applicant said vehicle had fell down near Pithampur Turning meanwhile 10 Buffaloes have died and two injured, thereafter, Police authorities have cached the aforementioned vehicle. Hence, this application. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It has been further submitted that the applicant is in jail since 24.12.2024, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel, opposes the bail application and submits that the present case is of the year 2023 and on the date of the incident applicant was transporting a total of 27 Buffaloes (Bhainsa) through the vehicle Truck No. CG-15-DG-9955 for going to slaughter house, due to rash driving of the applicant said vehicle had fell down near Pithampur Turning meanwhile 10 Buffaloes have died and two injured, thereafter, Police authorities have cached the aforementioned vehicle, and it is stated that the applicant was absconding in the present case and arrested by the Police on 24.12.2024 i.e. after 1 year of lodging the FIR and the trial is under progress, and there is likelihood that the applicant will abscond if he would be allowed bail by this Court. It is further submitted that there are two criminal antecedents of the applicant of similar nature. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case and also the fact that the present case is of the year 2023 and on the date of the incident applicant was transporting a total of 27 Buffaloes (Bhainsa) through the vehicle Truck No. CG-15-DG-9955 for going to slaughter house, due to rash driving of the applicant said vehicle had fell down near Pithampur Turning meanwhile 10 Buffaloes have died and two injured, thereafter, Police authorities have cached the aforementioned vehicle, and it is stated that the applicant was absconding in the present case and arrested by the Police on 24.12.2024 i.e. after 1 year of lodging the FIR and the trial is under progress, and there is likelihood that the applicant will abscond if he would be allowed bail by this Court, further there are two criminal antecedents of the applicant of similar nature, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. 7. Accordingly, this bail application of applicant – Roshan Gupta involved in Crime No. 698/2023 registered at Police Station – Janjgir, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 4, 6 and 10 of the C.G. Agricultural Cattles Preservation Act, 2004, and Section 11 of the Cruelty of Animals Act and Section 279 and 479 of the IPC, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar