1 2025:CGHC:60594 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10298 of 2025 Lomash Sahu S/o Sanjay Sahu, Aged About 22 Years, R/o- Village Parastarai, Police Station- Arjuni, Tehsil and District- Dhamtari (C.G.) ... Applicant versus The State of Chhattisgarh Through Police Station Keregaon, District Dhamtari (C.G.) ... Non-Applicant For Applicant : Mr. D.K.Gwalre, Advocate. For Non-Applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.12 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 17/2025, registered at Police Station – Keregaon, District - Dhamtari (C.G.) for the offence punishable under Sections 4, 6, 10 of the Chhattisgarh Krishik Pashu Parirakshan Adhiniyam' 2004 and 11 of the Prevention of Cruelty to Animals Act' 1960 (names of Acts have wrongly been mentioned in impugned order). 2. As per the prosecution story, on 26.08.2025, the complainant, namely Pushank Sahu, apprehended three persons, Narayan Sahu, Lomash PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.12 19:27:23 +0530 2 Sahu, and Kuleshwar Lahre who were transporting two buffaloes. When asked to produce any authority or documentation, they managed to flee from the spot. On 28.08.2025, the complainant submitted a written report, and a formal FIR was registered vide Crime No. 17/2025. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the co-accused, namely, Narayan Sahu has been granted bail by the Trial Court vide order dated 30.08.2025, a copy of the same has been annexed as Annexure A/4 of this bail application, further the applicant has two previous criminal antecedents which are pending, the charge-sheet has been filed in this case and the applicant is in jail since 29.08.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has been filed in the present case. He further submits that the applicant has two previous criminal antecedents, therefore the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact the the co-accused, namely, Narayan Sahu has been granted bail by the Trial Court vide order dated 30.08.2025, further the applicant has two previous criminal antecedents which are pending, the charge-sheet has been filed in this case and, the applicant is in jail since 29.08.2025, and conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be granted regular bail in this case. 3 7. Accordingly, the bail application is allowed. Let applicant - Lomash Sahu, respectively involved in Crime No. 17/2025, registered at Police Station – Keregaon, District - Dhamtari (C.G.) for the offence punishable under Sections 4, 6, 10 of the Chhattisgarh Krishik Pashu Parirakshan Adhiniyam' 2004 and 11 of the Prevention of Cruelty to Animals Act' 1960, (names of Acts have wrongly been mentioned in impugned order), 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 applicants 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, 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti