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2025 DAILYLAW 17085 (CHH)

REVAT KATLE URF KUNDAN KATLE v. STATE OF CHHATTISGARH

MCRCA/513/2025 · 2025-04-11

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1 2025:CGHC:16904 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 513 of 2025 Revat Katle Urf Kundan Katle S/o Santosh Katle Aged About 27 Years R/o Village Kirwai, P.S. Simga, District : Balodabazar-Bhathapara, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, P.S. Simga, District : Balodabazar-Bhathapara, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Tarendra Kumar Jha, Advocate For Respondent(s) : Mr. Malay Jain, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.04.2025 1. Proceedings of this matter have been taken through video- conferencing. 2. This is the second bail application filed under Section 482 of the BNSS for grant of anticipatory bail to the applicant who has been arrested in connection with Crime No. 16/2025 registered at Police Station Simga, District : Balodabazar-Bhathapara (C.G.) for the offence punishable under Sections 325, 111 and 3(5) of the BNS and under Sections 4, 5 and 10 of the Chhattisgarh Krishak Parirakshan Adhiniyam and Section PREETI KUMARI Digitally signed by PREETI KUMARI 2 49, 49(A), 50 and 11 of the Pashuvon Ke Prati Krurta Niwaran Adhiniyam and Section 39/192, 146/196, 03/181, 56/192 and 184/192 of the Motor Vehicle Act. 3. Case of the prosecution, in brief, is that on 08.01.2025 at about 4.30 AM, the police has received information through the informant that some persons have taken animals in the slaughter house in the Truck No. MH-40-CM-6089 illegally and without giving any food to the said animals and over numbers of the animals and on the basis of said information, a raid was conducted and recovered total 40 animals in the said truck. When the police asked their name, they disclosed their names as Ghanshyam Pal Son of Madan Pal, Mohammad Irshad Ansari son of Ayyub Ansari and Dheeraj Reddy Son of Anil Reddy, on the basis of memorandum of the witness namely Manoj Janghel, the present applicant has been implicated in this crime. Hence, this bail application. 4. Learned counsel for the applicant submits that the first bail application was rejected vide order dated 07.03.2025 on merits on the ground that the applicant was involved in transporting the animals to the slaughter house illegally and in a cruel manner. He further submits that he has preferred this second bail application of the ground that co-accused, namely, Mohammad Irshad Ansari and Dheeraj Reedi have already been granted bail by this Court vide order dated 21.03.2025 and the case of the present applicant is similar to that of the co-accused. Hence, he prays for grant of anticipatory bail to the applicant. 5. Learned State counsel on the other hand opposes the bail application of the applicant and submits that perusal of the case diary 3 goes to show commission of a heinous nature of crime as the applicant along with other co-accused was carrying animals for slaughtering in an illegal and cruel manner and when the raid was conducted, from the truck carrying the animals, total 40 animals were recovered, out of which, 08 were found dead. Further, so far as co-accused persons namely Mohammad Irshad Ansari and Dheeraj Reedi, who have been granted bail by this Court in MCRC No. 2272/2025 vide order dated 21.03.2025 are concerned, they were released on regular bail as they were languishing in jail since 08.01.2025, but the present applicant has preferred anticipatory bail application and the Anticipatory bail application should be accepted exceptionally in such cases in which prima facie involvement in the crime is not shown whereas in this case the involvement of the applicant is prima facie visible. Also, no such exceptional circumstances are shown in this bail application on the basis of which the benefit of anticipatory bail should be given to the accused/applicant. 6. From perusal of the records, it transpires that this is the second anticipatory bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 07.03.2025 in MCRCA No. 234 of 2025, looking to the cruelty on the part of the applicant towards the animals which were carried illegally for slaughtering. Further, the ground raised by the applicant in this second bail application that the co-accused namely Mohammad Irshad Ansari and Dheeraj Reedi, have been granted bail by this Court in MCRC No. 2272/2025 vide order dated 21.03.2025 are concerned, they were released on regular bail as they were languishing in jail since 08.01.2025, 4 but the present applicant has preferred anticipatory bail application and the Anticipatory bail application should be accepted exceptionally in such cases in which prima facie involvement in the crime is not shown whereas in this case the involvement of the applicant is prima facie visible. 7. Accordingly, this Court does not find any merit in this second anticipatory bail application of the applicant- Revat Katle urf Kundan Katle filed under Section 482 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 16/2025 registered at Police Station Simga, District : Balodabazar-Bhathapara (C.G.) for the offence punishable under Sections 325, 111 and 3(5) of the BNS and under Sections 4, 5 and 10 of the Chhattisgarh Krishak Parirakshan Adhiniyam and Section 49, 49(A), 50 and 11 of the Pashuvon Ke Prati Krurta Niwaran Adhiniyam and Section 39/192, 146/196, 03/181, 56/192 and 184/192 of the Motor Vehicle Act, as such, the same stands rejected at this stage. - Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti