Order on Board

21.03.2025

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. 16/2025 registered at Police Station Simga, District Balodabazar - Bhatapara (C.G.), for the offence punishable under Sections 325, 3(5), 111, of the Bhartiya Nyaya Sanhita, 2023 and Section 4, 6, 7, 9, 10, 11 of the Chhattisgarh Krishak Pashu Parirakshan Adhiniyam and 48 and 52 of Pashu Parivahan Adhiniyam and Section 49, 49(A), 50, 11 of the Prevention of Cruelty to Animal Act and Section 39, 192, 146/196, 3/181, 56/192, 184, 65/195 of the Motor Vehicle Act.

2. According to the brief facts of the prosecution's case, on 08.01.2025, the police received secret information that cows and buffaloes were being transported to a slaughterhouse in a truck. Based on this information, the police intercepted the vehicle and found three individuals traveling in it, who identified themselves as the present applicants. The applicants were subsequently arrested for allegedly committing offenses. Upon inspecting the truck, the police recovered a total of 40 calves, of which 32 were alive and 8 were found dead.

3. Learned counsel for the applicants submits that the present applicants have been falsely implicated in this case. He submits that it is pertinent to mention at this juncture that applicants No. 1 and 2 obtained a ride because they were well-acquainted with the person driving the vehicle, namely applicant No. 3. Since all three resided in the state of Maharashtra, it was convenient for applicants No. 1 and 2 to travel with applicant No. 3. He also submits that applicant No. 1 has no pending cases against him, while applicant No. 2 has only 01 pending criminal antecedent of a similar nature. He also submits that the applicants are in jail since 08.01.2025, conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants.

4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submits that the charge- sheet has been filed in the present case before the competent Court. He further submits that though the applicant No. 01 has no criminal antecedent pending against him, applicant No. 02 has 01 criminal antecedent of the similar nature, whereas, the applicant No. 03 has 03 criminal antecedents of the similar nature, shows that the applicants are habitual offenders, therefore, they are not entitled for grant of regular 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, particularly, that there is 03 criminal antecedents under the similar nature, which shows that the applicant No. 03 is a habitual offender, further he has misused the bail granted to him earlier and also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that is not a fit case to enlarge the applicant No. 03 on regular bail. Accordingly, the bail application of the applicant No. No. 03 – Ghanshyam Pal, involved in Crime No. 16/2025 registered at Police Station Simga, District Balodabazar - Bhatapara (C.G.), for the offence punishable under Sections 325, 3(5), 111, of the Bhartiya Nyaya Sanhita, 2023 and Section 4, 6, 7, 9, 10, 11 of the Chhattisgarh Krishak Pashu Parirakshan Adhiniyam and 48 and 52 of Pashu Parivahan Adhiniyam and Section 49, 49(A), 50, 11 of the Prevention of Cruelty to Animal Act and Section 39, 192, 146/196, 3/181, 56/192, 184, 65/195 of the Motor Vehicle Act, is rejected.

7. Whereas there is no criminal antecedents against applicant No. No. 01 and only 01 c