1 2025:CGHC:42480 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5852 of 2025 1 - Rakesh Jaiswal S/o Poonam Chand Jaiswal Aged About 36 Years R/o Ward No. 1, Gali No. 02, Near Govt. Middle School, Indore, Police Station Banganga, District- Indore, M.P.(Details As Per Final Report Of The Application) 2 - Shahjad Khan S/o Ibrahim Khan Aged About 32 Years R/o Plot No. 450 Near Masjid, Yashodhara Nagar, Nagpur, Maharashtra, (Details As Per Final Report Of The Application) ... Applicants versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Salhewara, District- Khairagarh-Chuikhadan-Gandai, C.G. ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Abhishek Sharma, Advocate For Respondent/State : Ms. Soumya Sharma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/08/2025 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.31/2024 registered at Police Station Salhewara, District-Khairagarh-Chuikhadan-Gandai (C.G.) for the offence punishable under Sections 281, 221, 132, 324(4), 49, 61(2), VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.23 11:04:44 +0530 2 111(2), 3(8)of B.N.S. and section 3/181, 5/180 of the Motor Vehicles Act. 2. Case of the prosecution, in brief, is that, on 07.11.2024 Vanpal of forest range Salhewara lodged a written report that on 07.11.2024 employees of forest barrier Rengakhar intimated that they received telephonic information from (forest check post Khara) one truck bearing registration No. CG 22-C-9977 broken the barrier and went towards Sahlewara then complainant Vijay Prasad Tiwari instructed the employee to close the barrier and when the complainant reached on the spot he saw that barrier of Rengakhar was broken and employees told that they try to stop the truck but driver of the truck not stop the vehicle and went towards Mohgaon thereafter on the basis of written report Police Station Salhewara registered the offence against the driver of vehicle truck bearing registration No. CG 22-C- 9977 thereafter during investigation the truck seized near Ghat section in unclaimed condition, thereafter further enquiry the vehicle owner was traced as Mukesh Yadav and thereafter co-accused Firoj was arrested and on the basis of memorandum statement of co- accused Firoj the present applicants have been arrested on 28.03.2025 and the final report submitted by the Police Station Salhewara for the offence u/s 281, 221, 132, 324(4), 49, 61(2), 111(2), 3(8) of the BNS, section 3 of the Prevention of Damages to Public Property Act and Section 3/181, 5/181 of the Motor Vehicles Act. 3. Learned counsel for the applicants submit that the applicants are innocent and they have been falsely implicated in the present case. He would submit that applicant No.1 Rakesh Jaiswal hired the vehicle from co-accused Firoj and given that vehicle i.e. CG-22-C- 3 9977 to main accused Faijul Hasan and he has already been granted regular bail by this Court in MCRC No. 4262/2025 on 13.06.2025. He would further submit that charge sheet has been filed, there are four-four criminal antecedents against the each applicants, they are in jail since 28/03/2025 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. She would submit that applicant No.1 has four criminal antecedent on the same day i.e on 07.11.2024 the police station – Regakhar District – Kabirdham(C.G.) registered crime No.75 of 2024 on similar allegation, which is pending against the both applicants., crime No.60/2018 registered at Police Station Pachpedi Offence under Sections 4,6 of C.G. Farmer & Animal Husbandry Act, 2004 and Section 10 of the Cruelty to Animal Act, Crime No. 312/2024 registered at police station Munglei for the offence under Section 4, 6 of C.G. Farmer and Animal Husbandry Act, 2004 and Section 10 of the Cruelty to Animal Act and crime No.132/2019 registered at Police Station Syed Raza for the offence under Section 3/5A/8 of the Prevention of Cow Slaughter Act, Section 11 of the Cruelty to Animal Act. She further submits that Applicant No.2 has also four criminal antecedent bearing crime No.37 of 2019 registered at Police Station Mungwani District-Narsinghpur for the offence under Sections 3 of the Essential Commodities Act, Section 7 of the M.P. Gowansh Vadh Pratished Adhiniyam 2004, Section 6 of the M.P. Krishi Upyogi Sanrakshak Adhiniyam & Ors., Crime No.120/2022 registered at police Station Saunsar for the offence under Sections 429 of IPC and 4 of the M.P. Gowansh Vadh Pratished Adhiniyam 4 2004, Section 11 of the Prevention of Cruelty to Animal Act & Ors. And crime No. 407 of 2022 registered at police Station Saunsar for the offence under Section 4 of the M.P. Gowansh Vadh Pratished Adhiniyam 2004, Section 11 of the Prevention of Cruelty to Animal Act & Ors. She further submits that applicant is a habitual offender, therefore, applicants are 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 co-accused has already been granted regular bail by this Court in MCRC No. 4262/2025 on 13.06.2025, charge sheet has been filed, period of detention of the applicant since 28/03/2025 and trial is likely to take some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants- Rakesh Jaiwal and Shahjad Khan involved in Crime No.31/2024 registered at Police Station Salhewara, District- Khairagarh-Chuikhadan-Gandai (C.G.) for the offence punishable under Sections 281, 221, 132, 324(4), 49, 61(2), 111(2), 3(8 )of B.N.S. and section 3/181, 5/180 of the Motor Vehicles Act on their 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 5 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 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