1 2025:CGHC:40519 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1219 of 2025 • Elu @ Sahil Masih S/o Sanjay Masih Aged About 34 Years R/o Gram Ganeshpur, P.S. Simga, District : Balodabazar-Bhathapara, Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through Police Station P.S. Simga, District : Balodabazar-Bhathapara, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Virendra Verma, Advocate For Respondent/State : Mr. Swajeet Singh Ubweja, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12/08/2025 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.15/2025 registered at Police Station – Simga (C.G), District- Balodabazar (C.G.) for the offences punishable under Sections 325, 3(5) of BNS and Sections 4, 5, 10, 11 of C.G. Farmer Animal Protection Act, 2004. 2. As per prosecution story, as per the prosecution story is that, on dated 07.01.2025 the police station sigma during patrolling has VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.14 11:19:20 +0530 2 found that the Naresh Rai, Lalu Masih, Nirupa Masih, Goldi Masih, Jimmy Masih, Baba Masih, Mojesh @ Babu Rao, Anil Masih, Sunil Masih why are captured a calfs and trying to slaughter and after saying this they have stop this person and have seized the articles along with the calfs and registered the offence under Section 325, 3(5) of BNS. and Section 4, 5, 10, 11 of Chhattisgarh Farmer Animal Protection Act, 2004. That during the course of investigation the police has made the accused the present applicant on the basis of memorandum of Naresh Rai man, present applicant has been arrested. 3. Learned counsel for the applicant submit that the applicant is innocent and has been falsely implicated in the case. He would submit that only on the basis of memorandum statement of co- accused, present applicant has been implicated in this case. He also submits that the main accused Naresh Rai has already enlarged on bail by the lower Court and other two co-accused have also granted regular bail by this Court in MCRC No.1530 of 2025 vide order dated 19.03.2025. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail and submits that applicant has one criminal antecedent in crime No. 308 of 2021 registered at police station Simga, C.G. and applicant along wither other co-accused persons were involved in the illegal slaughter of a cow. During the raid conducted on 07.01.2025, Naresh Ram was apprehended at the scene and incrimination evidence, including a partially skinned calf, a tangia and a knife was recovered. therefore, the applicant is not entitled for grant of anticipatory bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, and from the perusal of the case diary it transpires that only on the basis of memorandum statement of co-accused, present applicant has been implicated in this case. He also submits that the main accused Naresh Rai has already enlarged on bail by the lower Court and other two co-accused have also granted regular bail by this Court in MCRC No.1530 of 2025 vide order dated 19.03.2025 and the fact that 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 Elu @ Sahil Masih 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:- (a) The applicants 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 applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicants 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 4 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) The applicant shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali