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2025 DAILYLAW 21214 (CHH)

MUJAFAR ALI (ANSARI) JULAHA v. STATE OF CHHATTISGARH

MCRCA/670/2025 · 2025-05-06

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:21090 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 670 of 2025 1 - Mujafar Ali (Ansari) Julaha S/o Samshudin Julaha Aged About 36 Years R/o Village Kanakpur, Police Station Ramanujganj, District Balrampur-Ramanujganj Chhattisgarh ... Applicant versus 1 - State of Chhattisgarh Through The Station House Officer, Police Station Ramanujganj, District Balrampur-Ramanujganj Chhattisgarh ... Non-applicant For Applicant : Mr. V.K. Pandey, Advocate For State : Mr. Amit Verma, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/05/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.51/2025 registered at Police Station – Ramanujganj District- Balrampur-Ramanujganj (C.G.) for the offences punishable under Sections 4, 6 & 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.09 11:00:05 +0530 2 2. Case of the prosecution, in brief, is that intervening night of 13.04.2025-14.04.2025 on the basis of an information received by mukhbir the police outpost Vijaynagar PS Ramanujganj Sized 4 oxen in a pickup vehicle bearing registration No. UP64AT6909 at Mitgai road Vijaynagar alongwith the driver of the vehicle namely Shivraj Ravi Chhathan Singh and Makhan Chargat and thereafter registered the alleged offences punishable under Section 4, 6 and 10 of the CG. Agricultural Cattle preservation Act 2004 against the present applicant and 3 other co-accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the applicant is a agriculturist of village Kanakpur and implicated in the present case on the basis of the memorandum of co-accused persons. He also submits that the main accused namely Chhathan Singh and Makhan Chargat are agriculturist who have purchased the Oxen from village Basdei for agricultural purpose and where carrying the same to their village Kanakpur by alleged pickup vehicle in the mean time police has falsely stopped them and seized the cattles and implicated in the present case, investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that applicant is a agriculturist of village Kanakpur and implicated in the present case on the basis of the memorandum of co-accused persons. investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Mujafar Ali (Ansari) on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The applicant 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 her from disclosing such fact to the Court. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size 4 photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali