1 2025:CGHC:60095 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9320 of 2025 Jageshwar Nayak S/o Kalluram Nayak Aged About 26 Years R/o Village Baraihadand, Thana Ram Nagar, District Surajpur C.G. ... Applicant versus State Of Chhattisgarh Through Police Station Marwahi, District Gourela- Pendra-Marwahi C.G. ... Respondent For Applicant : Shri Vikas Kumar Pandey, 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- Gourela Pendra Marwahi (C.G.) for the offence punishable under Sections 4, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.11 18:14:45 +0530 2 6, 10 of Chhattisgarh Agricultural Animals Protection Act, 2004 & Section 11 of Prevention of Cruelty to Animals Act, 1960 and Section 61(2), 112 of B.NS. 2. Case of the prosecution, in brief, is that on 14/10/25 on the basis of information given by the informer police of police station Marwahi District Gourela Pendra Marwahi (C.G.) that some peoples were taking cattles (buffaloes) through forest, beating them cruelly and they were not having valid documents regarding said cattles. Thereafter police has lodged FIR against the applicant and other co-accused person. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the said cattles were at the open place and the applicant was not present on the spot and the said cattles were not seized from the possession of the applicant. He would submit that the applicant is in jail since 17/10/2025 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 no 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 of the applicant since 17/10/2025, applicant has no 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. 3 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Jageshwar Nayak, involved in Crime No.185/2025 registered at Police Station Marwahi, District- Gourela Pendra Marwahi (C.G.) for the offence punishable under Sections 4, 6, 10 of Chhattisgarh Agricultural Animals Protection Act, 2004 & Section 11 of Prevention of Cruelty to Animals Act, 1960 and Section 61(2), 112 of B.NS., 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 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 4 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