1 2025:CGHC:30646 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 959 of 2025 1. Bhola Alias Naseem Khan S/o Alim Khan Aged About 52 Years R/o Village Kewara (Jamtipara) Police Station Pratappur, District Surajpur (C.G.) 2. Izahar Khan S/o Bhola Alias Naseem Khan Aged About 22 Years R/o Village Kewara (Jamtipara) Police Station Pratappur, District Surajpur (C.G.) ... Applicants versus State of Chhattisgarh Through The Station House Officer, Police Station Pratappur, District Surajpur (C.G.) ... Non-Applicant For Applicants : Dr. V.K. Pandey, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.07.2025 1. The applicants have preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No. 136/2025 registered at Police Station – Pratappur, District – Surajpur (C.G.) for the offence punishable under Sections 4, 6 and ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.05 14:50:13 +0530 2 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004 and Section 11(1)(d) of the Prevention of cruelty to Animals Act, 1960. 2. The prosecution story in brief is that on the intervening night of 23.06.2025, on the basis of information received from a mukhbir (informant), the police of Police Station Pratappur seized four oxen from a pickup vehicle at Village Kewra, PS Pratappur. It is alleged that the present accused/applicants and the driver of the pickup vehicle fled from the place of incident. Thereafter, the alleged offences punishable under Sections 4, 6, and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004, and Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960, were registered against the present applicants and another co-accused person. 3. Learned counsel for the applicants submits that the present applicants are innocent and have falsely been implicated in the present case. He submits that the applicant No. 1 is an agriculturist of Village Kewra, aged about 52 years, and applicant No. 2 is his son, who is a student. However, the police have falsely implicated them in the alleged crime, although there is not even a whisper of evidence against them in the commission of the crime in question. He submits that the alleged pickup vehicle carrying four oxen was seized by the police about one kilometre away from the house of the applicants at around 1:30 AM, and the present applicants were not aware of the incident. However, the police have wrongly and falsely implicated the applicants based on the statements made by Ward Panchs, namely Bahadur and Bhupendra of Village Kewra, who 3 bear malice against the applicants due to village politics. Hence, on this ground also, it is prayed that this Hon’ble Court may kindly be pleased to consider the same and grant anticipatory bail to the applicants. He further submits that the applicant No. 01 has two criminal antecedents under the IPC in which he has already been acquitted, whereas, the applicant No. 02 has no criminal antecedents, therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel for the non-applicant/State, opposed the anticipatory bail application of the present applicants. 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 and nature of dispute and material available in case diary and further the fact that the applicant No. 01 has two criminal antecedents under the IPC in which he has already been acquitted, whereas, the applicant No. 02 has no criminal antecedents, therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the Applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Bhola Alias Naseem Khan and Izahar Khan, on executing a personal bond and one surety each in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- 4 (a) they 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 them from disclosing such fact to the Court. (b) they shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) the applicants 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) they shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek