1 2025:CGHC:13160 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1530 of 2025 1 - Rupesh Kashyap S/o Arvind Kashyap Aged About 47 Years R/o Village Bishrampur, Police Station Simga, District Baloda Bazar Chhattisgarh. 2 - Suresh Kumar Das S/o Paval Das Aged About 44 Years R/o Village Bishrampur, Police Station Simga, District Baloda Bazar Chhattisgarh. ... Applicants versus State of Chhattisgarh Through Police Station Simga, District- Baloda Bazar Chhattisgarh. ... Non-applicant For Applicants : Mr. Amit Kumar, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.03.2025 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. 15/2025 registered at Police Station – Simga, District- Balodabazar- Bhatapara, (C.G.) offence under Sections 325, 3(5) and 111 of Bhartiya Nyaya Sanhita, 2023, under Sections 4, 5, 10 and 11 Chhattisgarh Farmer Animal Protection Act, 2004 and Section 11 of Prevention of Cruelty to Animals Act, 1960. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. As per the prosecution story, in brief, is that on 07.01.2025, during a village tour and patrolling, information was received from an informer that some residents of Dwan Ganeshpur were slaughtering cows and cutting their meat near Mahapur Bandha pond. This information was conveyed to witnesses Prakash Masih and Jaywant Masih, and a panchnama of the information was prepared on the boat. Accompanied by staff and witnesses, a raid was conducted near the Bandha pond in Ganeshpur village. During the raid, some individuals fled the scene upon seeing the police, while one person was found cutting cow meat. Upon questioning, he identified himself as Naresh Ram, son of Biraj Rai, aged 52 years, a resident of Ganeshpur, Police Station Simga, District Balodabazar, Bhatapara (C.G.). He disclosed that along with Lalu Masih, Nitya Masih, Goldy Masih, Jimmy Masih, Baba Masih, Mojesh alias Baburao Masih, Anil Masih, and Sunil Masih, all residents of Ganeshpur, they had captured a red calf in Deephar, taken it to an empty spot near the Bandha pond, and killed it by striking its head with a tangia (axe). Naresh Ram was issued a notice under Section 94 B.N.S.S. and asked to produce any documents related to the slaughter and meat cutting, but he admitted that he had no such documents. A red calf, weighing approximately 150 kg, half- skinned, along with a tangia and a knife with wooden handles, valued at Rs. 13,000/-, were recovered in the presence of witnesses and duly sealed. The accused was arrested on the spot on 07.01.2025, and a case was registered under Section 325, 3(5) BNS, and Sections 4, 5, 10, and 11 of the Chhattisgarh Agricultural 3 Cattle Preservation Act, 2004. Subsequently, during the investigation, Section 111 BNS (organized crime) was added after it was found that the act fell under this provision. While searching for the absconding accused, Rupesh Kashyap and Suresh Kashyap were apprehended on 28.01.2025, and their memorandum statements confirmed their involvement under Section 111 BNS. 3. Learned counsel for the applicants submits that the present applicants have been falsely implicated in this case. He submits that the applicant obtained an NOC from Gram Panchayat Vishrampur, District Baloda Bazar-Bhatapara, on 05.05.2020, and has been running the bone warehouse since then without any objections from the villagers. A copy of the NOC dated 05.05.2020 is collectively annexed as Annexure A/3. He further submits that the applicant No.01 has only 1 previous criminal antecedent which is pending and applicant No.02 has 02 previous criminal antecedents, out of which he has been acquitted in one case and another case is still pending. He further submits that the applicants are in jail since 28.01.2025, and they are only earning member of his family and 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 been filed before the competent Court in the present case. He further submits that the accused persons, along with others, were involved in the illegal slaughter of a cow near Mahapur Bandha pond. During the raid conducted on 07.01.2025, Naresh Ram was apprehended at the 4 scene, and incriminating evidence, including a partially skinned calf, a tangia, and a knife, was recovered. He further submits that both the applicants have previous criminal antecedents, 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 that though the accused persons, along with others, were involved in the illegal slaughter of a cow near Mahapur Bandha pond, during the raid conducted on 07.01.2025, Naresh Ram was apprehended at the scene, and incriminating evidence, including a partially skinned calf, a tangia, and a knife, was recovered, but the charge- sheet has been filed before the competent Court and the applicant No.01 has only 01 previous criminal antecedent which is pending and applicant No.02 has 02 previous criminal antecedents, out of which he has been acquitted in one case and another case is still pending and the applicants are in jail since 28.01.2025 and they are only earning member of his family and conclusion of the trial may take some 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 – Rupesh Kashyap and Suresh Kumar Das, involved in Crime No. 15/2025 registered at Police Station – Simga, District- Balodabazar- Bhatapara, (C.G.) offence under Sections 325, 3(5) and 111 of Bhartiya Nyaya Sanhita, 2023, under Sections 4, 5, 10 and 11 Chhattisgarh Farmer Animal Protection Act, 2004 5 and Section 11 of Prevention of Cruelty to Animals Act, 1960, 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 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 6 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