1 2025:CGHC:58883 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9886 of 2025 Deepesh Dharamdas Ganjir @ Rinku S/o Dharamdas Ganjir Aged About 21 Years R/o Ward No. 3, Village, Kakodi, Tehsil Deori, Distt- Gondia (Maharashtra) ... Applicant(s) versus State Of Chhattisgarh Through The Station In-Charge Churiya Distt- Rajnandgaon (C.G.) ... Respondent(s) For Applicant(s) : Mr. Anuroop Panda, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 244/2025, registered at Police Station Churiya Distt- Rajnandgaon (CG) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Sections 4, 6, 10 of C.G. Agricultural Cattle Preservation Act and Section 11 of Prevention of Cruelty of Animal Act. 2. The prosecution story in brief, is that on 09.10.2025, Police Station Chhuria received information that a Bolero Pickup (CG-08- V-3242) was illegally transporting cattle for slaughter towards Maharashtra. The police intercepted the vehicle near village Bhakura, where the driver and helper fled. Accused Sandeep Jabbar was caught, and from the vehicle 3 cows and 1 calf were found cruelly packed. On Sandeep’s memorandum, co-accused Domesh @ Pappu was detained, who disclosed that he and the applicant/accused Rinku @ Deepesh were jointly purchasing cattle and supplying them to Mahendra Binjhalekar of Maharashtra. He also stated that on the night of the incident, he and Rinku had brought six cattle and fled on seeing the police. Based on this information, accused Mahendra, Domesh, and applicant/accused Rinku @ Deepesh were arrested, and further investigation is ongoing. 3. Learned counsel for the applicant submits that the applicant is innocent, only on the basis of memorandum statement of other accused, present applicant has been falsely implicated in this case. He further submit that main accused, Sandeep and accused, Mahendra, from whom seizure of cattle was made has already been granted bail by the learned trial Court, copy of which are annexed as Annexure A/5 & A/6. The applicant is in jail since 3 24.10.2025, so far as the criminal antecedents of the applicant are concerned, applicant has three criminal antecedents, two of an identical nature and one under the Motor Vehicles Act, out of these, one case of identical nature has already been disposed of, while the remaining two cases are presently pending, further the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the present applicant was jointly involved with co-accused in illegally purchasing and transporting cattle for supplying them to a person in Maharashtra for slaughter, he allegedly accompanied the co-accused during the incident and fled from the spot on seeing the police, indicating his active participation in the illegal cattle transport, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel 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 05.09.2023, the fact that though the applicant was jointly involved with co-accused in illegally purchasing and transporting cattle for supplying them to a person in Maharashtra for slaughter, 4 but considering the fact that no seizure has been made from the possession of present applicant, so far as other co-accused persons are concerned, it is stated that main accused, Sandeep and accused, Mahendra, from whom seizure of cattle was made have already been granted bail by the learned trial Court, as regards his criminal antecedents, he has three criminal antecedents, two of an identical nature and one under the Motor Vehicles Act, out of these, one case of identical nature has already been disposed of, while the remaining two cases are presently pending and charge-sheet has been filed, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Deepesh Dharamdas Ganjir @ Rinku, involved in Crime No. 244/2025, registered at Police Station Churiya Distt- Rajnandgaon (CG) for the offence punishable under Sections 4, 6, 10 of C.G. Agricultural Cattle Preservation Act and Section 11 of Prevention of Cruelty of Animal Act, 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 5 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 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil