Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:36110
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1111 of 2025 Mohammad Saleem Qureshi S/o Abdul Hameed Qureshi, Aged About 63 Years R/o Near Raja Talab Jhanda Chowk Raipur, Tahsil And District Bilaspur (C.G.)
... Applicant versus State Of Chhattisgarh Through Police Station Masturi, District – Bilaspur (C.G.)
... Non-applicant For Applicant : Dr. N.K. Shukla, Senior Advocate, assisted by Ms. Priya Mishra, Advocate. For Non-applicant/State : Mr. Saumya Rai, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 25.07.2025
1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 437/2023 registered at Police Station – Masturi, District – Bilaspur (C.G.) for the offence punishable under Sections 4, 6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004 and Sections 25 and 27 of the Arms Act, 1959. 2. The prosecution story, in brief, is that after the arrest of the co-accused namely Iqbal Qureshi and Saheb Lal kurre the Police recorded their RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 statement under Section 27 of the Evidence Act, according to the statement of Iqbal Qureshi the Truck No. CG-06-GY-2184 owned by Saleem Qurshi was borrowed in which cattles were loaded and when they interrupted by the villagers, the truck was left alone and driver and Khalasi of that truck escaped from the spot, this statement was recorded on 13.05.2024, thereafter, the Police seized the truck and according to the FIR, the offences was registered against the unknown persons, however, it is mentioned that the aforesaid truck was found on the spot in which cows and ox were loaded, and on the basis of the memorandum statement of the co-accused, the allegations were levelled against the applicant. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the co-accused persons have already been enlarged on bail by the learned Additional Sessions Judge, Bilaspur, vide orders dated 17.05.2024 and 22.08.2024. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5.
I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that the co-accused persons have already been enlarged on bail by the learned Additional Sessions Judge, Bilaspur, vide
3 orders dated 17.05.2024 and 22.08.2024, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Mohammad Saleem Qureshi on executing a personal bond with 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 him 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 him by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar