1 2025:CGHC:13364 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1691 of 2025 Ravin Pal Agrawal S/o Joginder Pal Agrawal Aged About 45 Years R/o Block 21, Near Nagar Nigam Water Tank, Nehru Nagar West, Bhilai, District Durg, Chhattisgarh. Office Address M/s World Wide Fit Care Shop No. A 1, Ishwari Plaza, Marine Drive, Telibandha Talab, Raipur Chhattisgarh. … Applicant versus State of Chhattisgarh Through Police Station Telibandha, District Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Rajkamal Singh, Advocate appears through video conferencing and Mr. Suryapratap Yuddhveer Singh, Advocate For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.03.2025 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 applicant who has been arrested in connection with Crime No. 72/2025 registered at Police Station – Telibandha, District Raipur (C.G.) offence under Sections 5 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004 and under Section 302 of the Bhartiya Nyaya Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. As per the prosecution’s story, on 30.01.2025, the Assistant Sub- Inspector of Police Station Telibandha, Fattulal Thakur, acting on information received from an informant, conducted an inspection of the North East Food Cart shop located at Ishwari Plaza, Telibandha. During the inspection, a woman named Ruby Vanlalreng Pui was found. Upon questioning, she produced 06 sealed tin boxes of beef and raw meat wrapped in a white plastic sheet from the said shop. As she failed to produce any documents related to the sale of the same, the items were seized accordingly. During the investigation, co-accused, namely, Ruby Vanlalreng Pui, in her memorandum statement, stated that her associate Ravindra Pal Agarwal alias Ravin Pal Agarwal (present applicant) provided financial assistance and paid her a monthly salary from the income generated by the shop. She further stated that Ravindra Pal keeps the income from the shop and restaurant himself and is fully aware of what is prepared and sold there. She admitted that Ravindra Pal knows that selling, consuming, or storing beef in Chhattisgarh is a legal offense. According to her, she used to place orders for beef curry/beef from Delhi with Ravindra Pal’s consent. Ruby Vanlalreng Pui, in her memorandum, acknowledged that Ravindra Pal alias Ravin Pal is the main operator of the business. Thereafter, First Information Report (FIR) has been registered under Crime No. 72 of 2025 at Police Station Telibandha, District Raipur, Chhattisgarh, for alleged offences punishable under Sections 5 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004, and Section 302 of the Bharatiya Nyaya Sanhita against the applicant. 3 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He further submits that the applicant has its own rented institute named as M/ s World Wide Fit Care located at Marine drive which is rented ofÏce and in which he sells gym and sports equipment and he does not sell or purchase any kind of food items, copy of the applicant’s firm registration certificate is annexed as Annexure A-2. He further submits that the applicant was called at the police station to become a witness against the accused and was threatened but he refused to become a witness then he was arrested and tied up and his clothes were removed and he was beaten and humiliated however when the applicant refused to be a witness he has been falsely implicated in the matter as co-accused. He further submits that the present applicant was implicated as accused solely based on the memorandum statement of a co-accused. He further submits that the applicant has no any previous criminal antecedents and he is in jail since 30.01.2025, 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. She further submits that the investigation reveals that during the inspection of the North East Food Cart shop on 30.01.2025, sealed tin boxes of beef and raw meat were seized due to the absence of valid documents. Co-accused Ruby Vanlalreng Pui, in her 4 memorandum statement, admitted that the present applicant, Ravindra Pal Agarwal alias Ravin Pal Agarwal, was the main operator of the business and she further disclosed that he provided financial assistance, paid her salary from the shop’s income, and was fully aware that selling, consuming, or storing beef is a legal offense in Chhattisgarh. Despite knowing this, the applicant allegedly allowed the sale of beef by facilitating orders from Delhi, therefore, he is 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 the present applicant was implicated as accused solely based on the memorandum statement of a co-accused, and further the applicant has its own rented institute named as M/s World Wide Fit Care located at Marine drive which is rented ofÏce and in which he sells gym and sports equipment and he does not sell or purchase any kind of food items, copy of the applicant’s firm registration certificate is annexed as Annexure A-2, though the charge-sheet has not been submitted in the present case, the applicant is in jail since 30.01.2025, 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 Applicant – Ravin Pal Agrawal, involved in Crime No. 72/2025 registered at Police Station – Telibandha, District Raipur (C.G.) offence under Sections 5 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004 and under Section 302 of 5 the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 sufÏcient 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 6 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 his 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