1 2025:CGHC:14892 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1226 of 2025 1 - Ravi Shrivas S/o Ramprasad Aged About 30 Years R/o Village - Nandini Khundini, District - Durg (C.G.). And R/o Ward No. 06 Pokhari Dafai Khongapani Police Station Jhagrakhand Tehsil Manendragarh District - Manendragarh Chirmiri Bharatpur (C.G.) 2 - Om Chaudhari S/o Shri Dharam Chaudhari Aged About 24 Years R/o Ward No. 06 Pokhari Dafai Khongapani Police Station Jhagrakhand Tehsil Manendragarh District - Manendragarh Chirmiri Bharatpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Chowki Khongapani, Police Station Jhagrakhand, Tehsil - Manendragarh, District - Manendragarh Chirmiri Bharatpur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Shivam Agrawal, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/03/2025 AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 13/2025 registered at Police Station Jhagrakhand, Tehsil - Manendragarh, District - Manendragarh Chirmiri Bharatpur (C.G.) for the offence punishable under Sections 303/2, 317/2 & 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Section 11(1)(क)(घ) of Pashu Krurta Nivaran Adhiniyam, 1960. 2. Case of the prosecution, in brief, is that the complainant, Aman Prakash, resides in Ward No. 8, Pakkadahauda, Khongapani, and runs a dairy business. On January 9, 2025, around 3 P.M., he let out his three milch buffaloes and one cow, valued at approximately Rs.2 lakhs, for grazing. When the animals didn't return, Aman searched for them, inquiring with acquaintances and neighbors. During the search, it was discovered that Ravi Shrivastav and Omprakash Chaudhary had sold the animals to Ravi Sahu, a resident of Garhi, Kotma, Anuppur (M.P.). Aman recovered three of his buffaloes from Ravi Sahu's house in Garhi on January 21, 2025, but one cow remains missing. The recovered buffaloes had injuries from being beaten. Thereafter, aforesaid offence has been registered against the applicants and subsequently, they were arrested. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the alleged offence has not been made out against the applicants as there is no solid 3 evidence to support the concocted story of the prosecution. He also submits that the detention of applicants will adversely affect the future-life prospect of the applicants and his family members as the applicants are in jail since 22.01.2025, the applicant No.2 has no criminal antecedent and applicant No.1 has one criminal antecedent of the year 2023 under the IPC, which is pending against him, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 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. She further submits that the applicants had sold the animal of complainant to co-accused, Ravi Sahu, who is a resident of Garhi, Kotma, Anuppur (M.P.) and there is also recovery of three buffaloes from the said co-accused, therefore, they are 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 applicants since 22.01.2025, the fact that though the applicants had sold the animal of complainant to co-accused, Ravi Sahu, who is a resident of Garhi, Kotma, Anuppur (M.P.) and there is also recovery of three buffaloes from the said co-accused, but considering the criminal antecedent of the applicants as applicant No.2 has no criminal antecedent and applicant No.1 has one criminal antecedent of the 4 year 2023 under the IPC, charge-sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. 7. Let the Applicants-Ravi Shrivas and Om Chaudhari, involved in Crime No. 13/2025 registered at Police Station Jhagrakhand, Tehsil - Manendragarh, District - Manendragarh Chirmiri Bharatpur (C.G.) for the offence punishable under Sections 303/2, 317/2 & 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Section 11(1) (क)(घ) of Pashu Krurta Nivaran Adhiniyam, 1960, be released on bail on their furnishing a 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 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil