Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:3691
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 107 of 2025
1. Md. Naim S/o Md. Mustakim Aged About 40 Years R/o Agroha Colony, Raipur, District Raipur, C.G.
2. Md. Muneef S/o Md. Haneef Aged About 38 Years R/o Near Basant Talkies, Bhilai, P.S. Chavani, District Durg, C.G.
... Applicants versus State of Chhattisgarh Through Station House OfÏcer Police Station Patan, District Durg (C.G.)
... Non-Applicant For Applicants : Dr. N.K. Shukla, Senior Advocate assisted by Mr. Dinesh Kumar Bole, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 21.01.2025
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. 160/2024 registered at Police Station – Patan, District – Durg (C.G.) for the offence punishable under Sections 4, 6 and 10 of the Chhattisgarh
2 Cattle Preservation Act, 1960 read with Section 11(D) and Section 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
2. According to the prosecution's case, on September 10, 2024, the Sub- Inspector of Police Station Patan, District Durg, received information from an informant while on rural patrol. The informant claimed that a farmhouse in village Funda, near the petrol pump, was housing buffaloes that were unable to work in the fields, with the intention of taking them to Katni for slaughter. Upon entering the farmhouse, the police found a truck with registration number C.G.-04/NU-8842, containing 18 buffaloes and two bhainsas, which were seized. Additionally, 20 female buffaloes and three male buffaloes were found inside the farmhouse and were also seized. Consequently, a case was registered under the relevant sections. The case, registered as Criminal Case No. 1339/2024 (State of C.G. vs. Ishtagar Ahmad and others), was filed before the Judicial Magistrate First Class (JMFC), Patan, District Durg, along with the charge-sheet.
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 offence which are registered against the applicants were registered on the basis of the memorandum statement given by Sanjay Giri, the owner of the farmhouse and he is also one of the co- accused. He further submits that the present applicants have 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 bail application of the present applicants.
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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 present applicants have 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 – Md. Naim and Md. Muneef, on executing a personal bond and one surety each in the like sum to the satisfaction of the arresting OfÏcer, they shall be released on bail on the following conditions:- (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
ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.22 17:21:16 +0530