1 2025:CGHC:2495 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 62 of 2025 Radheshyam Dhritlahare S/o Late Ramlal Dhritlahare Aged About 62 Years R/o Village Kosa P.S. Mulmula, District- Janjgir-Champa, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through District Magistrate District Janjgir Champa, Through Police Station Pamgarh ... Non-applicant For Applicant : Mr. Tarendra Kumar Jha, Advocate along with Mr. Sumit Shrivastava, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.01.2025 1. This first anticipatory bail application under Section 482 of the BNSS has been filed by the applicant, who is apprehending his arrest in connection with Crime No.559/2024 registered at Police Station Pamgarh District- Janjgir-Champa, (C.G.) for the offence punishable under Sections 4, 6, 10 of Chhattisgarh Agricultural Cattle Preservation Act, 2004 and Section 325 of BNS, 2023 and Section 11D of Prevention of Cruelty to Animal Act, 1960. 2. Prosecution case, in brief, is that, the allegation against the present applicant is that based on direction given by co-accused namely Vivek Tiwari, in the midnight of 20.12.2024 to 21.12.2024 at between village KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Jorella to Dhabadih, cattle were parked at field and other accused persons were loading the cattle in truck bearing No. MP-50-H-1399, they were illegally transporting the agricultural cattle. Upon such basis, offence was registered against the applicant and other accused persons. 3. Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated in this case. They further submits that the present applicant has no connection with the said crime but attempts are being made to arrest him. The possibility of applicant's social reputation being tarnished in case of his arrest cannot be ruled out as he is the Sarpanch of that village. They further submits that the applicant is a villager and he is agriculturalist by profession and he lives in Village Kosa. Accordingly, they prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that from perusal of the case diary, it appears that the applicant under the instructions of co-accused Vivek Tiwari, they were involved in the illegal transportation of agricultural cattle on the night of December 20-21, 2024. The cattle were loaded onto a truck with licence plate MP-50-H-1399, allegedly for slaughter outside the State. Hence, 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 and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in the case diary, it appears that only on the basis of 3 memorandum statement of the co-accused, he has been made accused moreover, the vehicle in question is also not registered in the name of the applicant and the applicant being a Sarpanch of that village and there is no evidence against him on going through the FIR therefore, without further consideration on merits, I am inclined 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- Radheshyam Dhritlahare, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on anticipatory 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 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 along with a coloured 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/- Sd/- (Ramesh Sinha) Chief Justice Kunal