1 2025:CGHC:14086 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 389 of 2025 Vishambhar Prasad Yadav S/o Indradev Yadav Aged About 30 Years R/o Village Paraswar, P.S. Bhandriya, District Gadhwa (Jharkhand) ... Applicant(s) versus State Of Chhattisgarh Through S.H.O. Police Station Shankargarh, District Balrampur-Ramanujganj, Chhattisgarh. ... Respondent(s) For Applicant(s) : Ms. Harshika Pandey, Advocate. For Respondent(s) : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.03.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.04/2025 registered at Police Station Shankargarh, District Balrampur-Ramanujganj (C.G.) for the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 offence punishable under Section 4, 6, 10 of Chhattisgarh Agricultural Cattle Preservation Act & 11(d) of Prevention of Cruelty to Animals Act. 2. Prosecution case in brief is that the complainant Ajit Kumar Yadav filed a report at Shankargarh Police Station alleging therein that on January 9, 2025, in village Podi-Kala, Jirgimi, the accused were beating 16 buffaloes, 4 oxen, 1 buffalo calf, and 4 calves and taking to a slaughterhouse. The accused Aklesh, Mahesh, and Sunil Yadav were caught, while present applicant escaped. A crime was registered against the accused at Shankargarh Police Station, and an investigation was initiated. On January 10, 2025, the accused were arrested, while accused Vishambar Yadav absconded. Hence, the anticipatory bail application. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely been implicated in the case. She further submits that other identically situated co-accused persons, namely, Aklesh, Sunil and Mahesh have granted regular bail by the trial Court. She also submits that the applicant was unaware of the incident, and he himself owns cattle, which he used to take out to graze, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that applicant alongwith other co-accused persons were beating 16 buffaloes, 4 oxen, 1 3 buffalo calf, and 4 calves and taking to a slaughterhouse, co- accused persons, namely Aklesh, Mahesh, and Sunil Yadav were caught, while present applicant escaped, therefore, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary and the fact that the applicant alongwith other co-accused persons were alleged to have beaten 16 buffaloes, 4 oxen, 1 buffalo calf, and 4 calves and taken them to a slaughterhouse, but applicant has no criminal antecedent, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Vishambhar Prasad Yadav, on executing a personal bond with one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He shall appear before the trial Court on each 4 and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil