1 2025:CGHC:11892 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1119 of 2025 1. Vikas Banjare S/o Gorelal Banjare Aged About 36 Years R/o Village - Bhathri, P.S. Jarhagaon, Teh. And District - Mungeli (C.G.). 2. Rameshwar Shastri S/o Babulal Shastri Aged About 40 Years R/o - Belpuri, P.S. - Pathariya, District - Mungeli (C.G.) ... Applicants versus State of Chhattisgarh Through SHO of Police Station - City Kotwali, Mungeli, District - Mungeli (C.G.). ... Non-applicant For Applicants : Mr. Pallav Mishra, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.03.2025 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 applicants who have been arrested in connection with Crime No. 312/2024 registered at Police Station – City Kotwali, District Mungeli (C.G.) offence under Section 11(1), Prevention to Animal Cruelty Act, 1960 and Sections 4, 6, 10 of the Chhattisgarh Agriculture Preservation Act, 2004. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. It has been alleged that the present applicants, along with another accused, Devraj Bhourya, were involved in transporting agricultural cattle in a manner that caused them pain and suffering. Consequently, the above sections were invoked against them. An FIR was lodged against the applicant, and he was subsequently arrested and imprisoned by the prosecution. 3. Learned counsel for the applicants submits that the present applicants have been falsely implicated in this case. He submits that the prosecution has not provided a FSL report to confirm that the cattle died during transportation. He further submits that the present applicants were implicated as accused solely based on the memorandum statement of a co-accused. Additionally, he submits that the applicants have two pending criminal cases, which are still pending. He further submits that the applicants are in jail since 24.01.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has not been submitted before the competent Court in the present case. 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 that the present applicants were implicated as accused solely based on the memorandum statement of a co-accused, though the charge-sheet has not been submitted in the present case, the 3 applicants are in jail since 24.01.2025, conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicants are entitled to be released on bail in this case. 7. Let the Applicants – Vikas Banjare and Rameshwar Shastri, involved in Crime No. 312/2024 registered at Police Station – City Kotwali, District Mungeli (C.G.) offence under Section 11(1), Prevention to Animal Cruelty Act, 1960 and Sections 4, 6, 10 of the Chhattisgarh Agriculture Preservation Act, 2004, be released on bail on furnishing personal bond with two sureties each 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 they 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 on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient 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 4 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 sufÏcient 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. 8. OfÏce 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 Rahul Dewangan