Nafr High Court
Case Details
1 2025:CGHC:35559 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4012 of 2025 1 - Rakesh Joshi S/o Budhari Joshi Aged About 33 Years R/o Kirvai, Thana- Simga, Distt- Baloda Bazar- Bhatapara (C.G.) 2 - Revat @ Kundan Kathale S/o Santosh Kathale Aged About 25 Years R/o Kirvai, Thana- Simga, Distt- Baloda Bazar- Bhatapara (C.G.) versus ... Applicants The State of Chhattisgarh Through SHO, Thana- Simga, District- Balodabazar- Bhatapara (C.G.) ... Non-applicant For Applicants
Legal Reasoning
: Mr. Samir Singh, Advocate For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice 23/07/2025 Order on Board 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. 16/2025 registered at Police Station- Simga, District- Balodabazar- Bhatapara, (C.G.) for the offence under Sections 325, 3(5), 111 of Bhartiya Nyay Sanhita, & 4, 6, 7, 9, 10, 11 of C.G. Agricultural Cattle Preservation Act, & Sec. 49, 49(A), 50, 11 of Prevention of Cruelty to Animals Act, & 48, 52 of Animal RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Transporting Act, & 39, 192, 146/196, 3/181, 56/192, 65/192 of Motor Vehicle Act. 2. The prosecution case, in brief, is that upon receipt of secret information, it was found that one truck bearing registration No. MH- 40 CM/6089 was transporting 40 cattle to Maharashtra in a cruel manner, allegedly for the purpose of taking them to a slaughterhouse. It is alleged that the present applicants were piloting the said vehicle, whereafter an offence was registered against them. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. He also submitted that the applicants were not present in said vehicle which was seized from the spot. He also submits that they have not committed any of cattle transporting, the applicants were made an accused only on the basis of the false information, they are poor villagers. He further submits that in the present case, co-accused persons, namely, Mohammad Irshad Ansari and Dheerj Reddi have already been granted bail by this Court vide order dated 21.03.2025 passed in MCRC No. 2272/2025. further the charge-sheet has been filed and the applicants are in jail since 28.04.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of regular bail on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that the charge- 3 sheet has already been filed in the present case before the competent Court. She further submits that the present applicants along with other co-accused persons were transporting 40 cattle to Maharashtra in a cruel manner, allegedly for the purpose of taking them to a slaughterhouse. It is alleged that the present applicants were piloting the said vehicle, therefore, the present applicants 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 allegation levelled against the applicants and the fact that other co-accused persons, namely, Mohammad Irshad Ansari and Dheerj Reddi have already been granted bail by this Court vide order dated 21.03.2025 passed in MCRC No. 2272/2025 and the charge-sheet has been filed and the applicants are in jail since 28.04.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to allow this application on the ground of parity. 7. Let the Applicants – Rakesh Joshi and Revat @ Kundan Kathale involved in Crime No. 16/2025 registered at Police Station- Simga, District- Balodabazar- Bhatapara, (C.G.) for the offence under Sections 325, 3(5), 111 of Bhartiya Nyay Sanhita, & 4, 6, 7, 9, 10, 11 of C.G. Agricultural Cattle Preservation Act, & Sec. 49, 49(A), 50, 11 of Prevention of Cruelty to Animals Act, & 48, 52 of Animal Transporting Act, & 39, 192, 146/196, 3/181, 56/192, 4 65/192 of Motor Vehicle Act, 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 5 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 concerned for necessary information and compliance forthwith. Rahul Dewangan Sd/- (Ramesh Sinha) Chief Justice