1 2025:CGHC:61348 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9182 of 2025 Yunus Ansari S/o Shri Sapuruddin Ansari Aged About 39 Years R/o Kureshi Mohalla, Slaamnagar, Police Station And District Lohardaga (Jharkhand) ... Applicant(s) versus State Of Chhattisgarh Through The Station House OfÏcer, Police Chowki- Korbi, Police Station- Pasan, District Korba C.G. ... Non-applicant(s) For Applicant : Mr. Vivek Bhakta, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/12/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 184/2025 registered at Police Station Pasan, Police Chowki- Korbi, District- Korba (C.G.) for the offence punishable under Sections 4, 6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act 2004. 2. Case of the prosecution, in brief, is that the complainant namely KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Sanichram lodged a report on 23.09.2025 at Police Chowki Korbi, Police Station Pasan, District Korba (C.G.), alleging that at about 1:30 a.m., one Vinod Ayyam informed him over the phone that the driver of the truck bearing registration No. CG14-MF-1374 was in a suspicious condition and that 32 cattle were loaded in the said vehicle. It was further alleged that 28 more cattle were found at a distance of about 500 meters from the place of occurrence. Thus, a total of 60 cattle were seized by the police. The present applicant is the owner of the said vehicle. Therefore, F.I.R. has been lodged against driver, owner of the aforementioned vehicle. 3. Learned counsel for the applicant submits that there is not even an iota of evidence collected by the police against the present applicant and no incriminating material is available on record to connect him with the alleged offence, hence, he is entitled to be enlarged on bail. It is further submitted that the applicant/accused has been in judicial custody since 15.10.2025 and charge-sheet has been filed by the prosecution and completion of the trial is likely to take considerable time. He further submits that the crime has been registered against an unknown person/driver of the offending vehicle and merely on the basis of ownership of the vehicle, the present applicant has been implicated in the case, as such no prima facie case is made out against him and further the applicant has two previous criminal antecedents of similar nature of the year 2020 and 2021. Therefore, in absence of any incriminating evidence against the present applicant, he deserves to be released on bail. 4. On the other hand, learned Panel Lawyer appearing for the State 3 opposes the bail application and submits that there are serious allegations against the applicant/accused of transporting cattle in his own vehicle in a cruel and torturous manner by stufÏng them for the purpose of slaughter. It is further submitted that the case diary and the material collected during investigation clearly demonstrate the involvement of the applicant in the aforesaid illegal act and further the applicant has two previous criminal antecedents for similar nature of the year 2020 and 2021 as such, he is a habitual offender, he is 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 applicant since 15.10.2025 and the fact that in the present case, charge- sheet has been filed before the competent Court and the applicant has two previous criminal antecedents for similar nature which has already been explained in the bail application of para No.4(A) and no further interrogation is required and the trial is likely to take some time for its conclusion, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Accordingly, the bail application is allowed. 8. Let the applicant –Yunus Ansari, involved in Crime No. 184/2025 registered at Police Station Pasan, Police Chowki-Korbi, District- Korba (C.G.) for the offence punishable under Sections 4, 6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act 2004, be 4 released on bail on his 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 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 sufÏcient 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 5 of the trial court absence of the applicant is deliberate or without sufÏcient 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. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal