1 2025:CGHC:52320 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6680 of 2025 1 - Daulat Rathore S/o Late Rohit Lal Rathore Aged About 43 Years R/o Village Kanchandih Police Chowki Kotmi Distt Gaurela- Pendra- Marwahi, C.G. 2 - Manrakhan S/o Patiram Aged About 45 Years R/o Village Kanchandih Police Chowki Kotmi Distt Gaurela- Pendra- Marwahi, C.G. --- Applicants Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Marwahi, District - Gaurela- Pendra- Marwahi (C.G.) --- Non-applicant MCRC No. 7147 of 2025 Lakhan Lal Sahu S/o Chhote Sahu Aged About 39 Years R/o Village Gadhi, Po Lamatola, Tahsil Kotma, District Anuppur M.P ---Applicants Versus The State Of Chhattisgarh Through Sho, Ps Marwahi, District Gourela-Pendra- Marwahi C.G --- Non-applicant MCRC NO. 6680/2025 For Applicant : Mr. Vijay Shankar Mishra, Advocate For Non-applicant : Ms. Soumya Sharma, Panel Lawyer MCRC NO. 7147/2025 For Applicant : Mr. Praveen Soni, Advocate For Non-applicant : Ms. Soumya Sharma, Panel Lawyer SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 27.10.2025 1. These are the first bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 125/2025 registered at Police Station – Marwahi, District – Gaurela-Pendra-Marwahi (C.G.), for the offence punishable under Sections 4, 6 & 10 of the Chhattisgarh Krishi Pashu Parirakshan Adhiniyam, 2004 and Section 11 of the Prevention of Cruelty to Animals Act, 1960 and under Section 61 (2) and 112 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case is that, the complainant police of the concerned police station received secret information that the applicants along with other co-accused persons were illegally transporting cattle to the slaughter house other States. Based upon the information, the police authorities of P.S. Marwahi conducted raid and caught the accused/applicant Manrakhan Singh and arrested him. During the course of investigation, based upon the statement of accused/applicant Manrakhan Singh, the offence ffence punishable under Sections 4, 6 & 10 of the Chhattisgarh Krishi Pashu Parirakshan Adhiniyam, 2004 and Section 11 of the Prevention of Cruelty to Animals Act, 1960 and under Section 61 (2) and 112 of the Bhartiya Nyaya Sanhita, 2023 was registered against the other co-accused persons and the applicants were arrested on 30.07.2025 and 31.07.2025 respectively. 3. Learned counsel for the respective applicants submit that the present applicants are innocent persons and have been falsely been implicated in the aforesaid case, they have not committed any offence as alleged. Mr. Vijay Shankar Mishra submits that the Applicant No. 1 in MCRC No. 6680/2025 is a farmer and member of Inter-State Farmer’s Cattle Traders 3 Association and was only transporting his cattle to the Cattle Market, Lapta, State of Madhya Pradesh after completion of his agricultural work. He submits that there is no material available in the case diary against the present applicant of proving guilt against the applicants of committing cruelty with the cattle. So far as the criminal antecedents of the applicants are concerned, three cases of the year 2018, 2023 and 2025 (Crime No.53/2018, Crime No. 357/2023 and Crime No. 138/2025) are pending against the applicant He submits that the applicants are the bread-winner of their families and they are in jail since 30.07.2025. Therefore, they may be enlarged on bail. 4. Mr. Praveen Soni, learned counsel for the applicant in MCRC No. 7147/2025 submits that the alleged cattle were not recovered from the exclusive possession of the present applicant namely, Lakhan Lal Sahu and thus, he has been impleaded only on the basis of the statement of the co-accused Manrakhan Singh. He further submits that the applicant is in jail since 31.07.2025, offence is triable by Judicial Magistrate First Class, there is no chance of absconding of the applicant as he is a permanent resident of District – Gaurella-Pendra-Marwahi, Chhattisgarh. So far as the criminal antecedents of the applicant is concerned, two cases of the year 2023 and 2024 (Crime No. 77/2023 P.S. Marwahi and Crime No. 293/2024 P.S. Pendra) are pending against the applicant, conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the present applicant. 5. On the other hand, the learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has is submitted before the competent Court in the present case and the investigation is still going on. Further, she submits that there specific allegations against the applicant of committing assault and cruelty upon the cattle and transporting them to the slaughter house of other State. However, she do not dispute the 4 submission of counsel for the respective applicants regarding the criminal antecedents against the respective applicants and submits that the applicants are habitual offenders and therefore, they may not be granted bail. 6. I have heard learned counsel for the respective parties and perused the documents enclosed along with the bail application. 7. Considering the facts and circumstances of the case, submission of counsel for the respective parties and further, the fact that charge-sheet has not been filed before the competent Court and the investigation is still going on, period of pre-trial detention, conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Let the Applicants – Daulat Rathore, Manrakhan in MCRC No. 6680/2025 and Lakhan Lal Sahu in MCRC No. 7147/2025, involved in Crime No. 125/2025 registered at Police Station – Marwahi, District – Gaurella-Pendra- Marwahi (C.G.), for the offence punishable under Sections 4, 6 & 10 of the Chhattisgarh Krishi Pashu Parirakshan Adhiniyam, 2004 and Section 11 of the Prevention of Cruelty to Animals Act, 1960 and under Section 61 (2) and 112 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on each of them furnishing a personal bond with two sureties 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 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 applicants shall remain present before the trial court 5 on each date fixed, either personally or through their counsel. In case of his 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 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Dey