1 2026:CGHC:5801 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1061 of 2026 Dev Singh Sarthi S/o Late Milap Singh Sarthi Aged About 45 Years R/o Fatakpara, Kalmi, Police Station- Kotraroad, District Raigarh C.G. ... Applicant versus State Of Chhattisgarh Through Police Station- Kotraroad, District Raigarh C.G. ... Respondent For Applicant : Shri Anand Kesharwani, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/02/2026 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 applicant who has been arrested in connection with Crime No.375/2025 registered at Police Station Kotraroad, District Raigarh (C.G.) for the offence punishable under Sections 296, 351 (2), 03(5), 299 of B.N.S. and under section 05 and 10 of Chhattisgarh Farmer GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.03 11:12:05 +0530 2 Animal Protection Act, 2004. 2. Case of the prosecution, in brief, is that complainant Raju Deheriya appeared at Police Station Kotraroad on 17.09.2025 and lodged a written report stating that on 17.09.2025, residents of his locality, Johit Sarathi and Dev Sarathi, were roaming around the neighborhood carrying a bundle containing beef. When he asked them what they were carrying in the bundle, both of them abused him and threatened him with dire consequences. Upon opening the bundle, it was found to contain beef, which the applicant/accused Dev Sarathi and Johit Sarathi were carrying for the purpose of sale. By cutting cow meat at a public place, Johit Sarathi and Dev Sarathi hurt religious sentiments. On the basis of the said written complaint, Crime No. 375/2025 was registered against the applicant/accused and other co-accused under Sections 296, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 5 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004. During the course of investigation, evidence was found that the applicant/accused and the co-accused had cut cow meat at a public place and were carrying it for consumption and sale, thereby hurting religious sentiments, due to which Section 299 of the Bharatiya Nyaya Sanhita was added, and the applicant/accused was arrested and sent to judicial custody. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He would submit that the co-accused has been granted bail by the trial court on 15.12.2025 and the case of this applicant is also on the same footing. He would submit that the charge sheet has been filed in this case, the applicant is in jail 3 since 17/09/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. 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 of allegation levelled against the applicant, further the fact that co-accused has been granted bail by the trial court on 15.12.2025, period of detention of the applicant since 17/09/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Dev Singh Sarthi, involved in Crime No.375/2025 registered at Police Station Kotraroad, District Raigarh (C.G.) for the offence punishable under Sections 296, 351 (2), 03(5), 299 of B.N.S. and under section 05 and 10 of Chhattisgarh Farmer Animal Protection 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 4 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri