1 2026:CGHC:14283 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2797 of 2026 Vishnu Prasad Dhruv S/o Amol Singh Aged About 40 Years R/o Village Lalpur, P.S. Lormi, District Mungeli (CG) ... Applicant versus State Of Chhattisgarh Through- P.S.- Marwahi, District – Gaurela-Pendra- Marvahi (CG) ---- Non-applicant For Applicant : Mr. Sajal Kumar Gupta, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.03.2026 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. 19/2026, registered at Police Station – Marwahi, District – Gaurela- Pendra-Marvahi (C.G.) for the offence punishable under Sections 4, 6 and 10 of C.G. Agriculture Cattle Preservation Act, 2004. 2. The case of the prosecution, is that on 09.02.2026, the Mukbir informed that some persons were taking cattle through the forest route without valid documents, causing cruelty to the animals. On receiving the information, a police team along with staff proceeded towards the forest route of village Salheghota Badkatal and found 06 persons herding cattle in a cruel manner by beating them and forcing them to walk on foot. On seeing the police party, 02 persons fled away into the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 forest, while 04 persons were apprehended on the spot. On interrogation, they disclosed their names as Harilal Rathore, Dinesh Kashyap, Vishnu Prasad Dhruv and Ratan Singh Gond. They further disclosed the names of the absconding persons as Lalla Prasad Vasudev (son of Shankarlal) and Gokul Kurmi (son of Bhanugiri). On being asked to produce valid documents relating to ownership and transportation of cattle, they failed to produce any legal papers. It was found that the cattle were being transported on foot for sale at Mungeli market, after subjecting them to cruelty and physical assault. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has not been filed in this case, but the co-accused has been granted anticipatory bail by this Court vide order dated 24.03.2026 passed in MCRCA No.443/2026. The applicant is in jail since 17.04.2025 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 and submits that the charge-sheet has not been filed in this case, and the investigation is still going on, and 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, 3 nature and gravity of allegation levelled against the applicant and the fact that there is no criminal antecedents registered against the present applicant, though charge-sheet has not been filed against the applicant, but the co-accused has been granted anticipatory bail by this Court vide order dated 24.03.2026 passed in MCRCA No.443/2026, the applicant is in jail since 17.04.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Vishnu Prasad Dhruv, involved in Crime No. 19/2026, registered at Police Station – Marwahi, District – Gaurela-Pendra- Marvahi (C.G.) for the offence punishable under Sections 4, 6 and 10 of C.G. Agriculture Cattle Preservation Act, 2004, 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 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 4 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 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 Rajshekhar