Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:38481
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1184 of 2025 Sharma Prasad Gupta S/o Jawahar Sao Aged About 28 Years R/o Sonpurva, P.S. Ranka, District Gadwa (Jharkhand) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Balrampur, District Balrampur-Ramanujganj, Chhattisgarh
... Respondent For Applicant : Shri Dashrath Kushwaha, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL.
Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 04/08/2025
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.46/2025 registered at Police Station – Balrampur, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.05 17:34:33 +0530
2 District Balrampur-Ramanujganj (C. G.) for the offence punishable under Sections 4, 6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act and section 11(1)(d) of Animal Cruelty (Prevention) Act, 1960.
2. Case of the prosecution, in brief, is that the police of police station has received secret information that the unknown persons are carrying the some animal by two vehicles pickup and Toyota glenza for butcher khana and on the basis of such information, the police has seized 06 animal from the possession of the applicant and has been involved in connection of aforesaid offence under section 4, 6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act and section 11 (1) d of Animal Cruel (Prevention) Act, 1960 on the basis of memorandum statement.
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 co-accused person namely Dinesh Prasad Gupta has been granted regular bail by this court vide order dated 18/07/2025 in M.Cr.C. No. 4759/2025 and other co-accused person namely Pradeep Gupta have also been granted regular bail by this court in MCRC No.4678/2025 on 18/07/2025, 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.
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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, nature and gravity of offence and also considering the fact that co-accused person namely Dinesh Prasad Gupta has been granted regular bail by this court vide order dated 18/07/2025 in M.Cr.C. No. 4759/2025 and other co-accused person namely Pradeep Gupta have also been granted regular bail by this court in MCRC No.4678/2025 on 18/07/2025, 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 – Sharma Prasad Gupta, 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 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
4 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 his 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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha)
Chief Justice
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