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2025 DAILYLAW 39254 (CHH)

NAIMUDDIN ANSARI v. STATE OF CHHATTISGARH

MCRCA/1242/2025 · 2025-08-13

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Judgment text

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1 2025:CGHC:41253 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1242 of 2025 1 - Naimuddin Ansari S/o Birbal Ansari Aged About 40 Years, 2 - Mustkim Ansari S/o Birbal Ansari Aged About 29 Years, Both are R/o Village Badhouta, Post Peska, P.S. Meral, District Garhwa (Jharkhand) 3 - Abdul Hasim S/o Abdul Rajjak Aged About 44 Years R/o Village Virendra Nagar @ Brij Nagar (Wrongly Mentioned As Brij Nabar In The Impugned Order), Police Out Post - Dindo, Police Station Trikunda, District Balrampur-Ramanujganj, C.G. ... Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Station Ramanujganj, District- Balrampur-Ramanujganj, C.G. ... Respondent For Applicants : Shri Vikash Pandey, Advocate. For Respondent/State : Shri Hariom Rai, PL. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.18 14:41:56 +0530 2 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14/08/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, who are apprehending their arrest in connection with Crime No.79/2025 registered at Police Station –Ramanujganj, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 4, 6 & 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004 read with Section 11(1)(d) of Prevention of Cruelty to Animal Act, 1960. 2. The prosecution story, in brief, is that on the basis of an information received by Mukhbir the in-charge of Police Out Post Vijay Nagar caught red handed two accused persons namely Kutubuddin and Mumtaj who were carrying 54 cows, oxen and calf at about 01:00 am on 19.05.2025 near Fulwar Jungal. It is alleged by the prosecution that the aforesaid accused persons were transporting the agricultural cattle for slaughter. 3. Learned counsel for the applicants submits that so far as the present accused/applicants are concerned there is no any direct evidence against them for transporting cattle for slaughter, they have been made accused on the basis of memorandum of main accused. He would further submit that main accused persons namely Kutubuddin and Mumtaj have been released on regular 3 bail by the learned court below and the applicants have no previous criminal antecedents, therefore, he submits that the present applicants are entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State do not dispute the fact that co-accused persons namely Kutubuddin and Mumtaj have been released on regular bail by the trial court. He would further submit that the applicants have no criminal antecedents. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, considering the fact that co-accused persons namely Kutubuddin and Mumtaj have been released on regular bail by the trial court and the applicants have no criminal antecedents, therefore this Court finds it appropriate to grant anticipatory bail to the present applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No.1 –Naimuddin Ansari, applicant No.2- Mustkim Ansari and applicant No.3-Abdul Hasim, on each of them executing a personal bond and one surety 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 4 acquainted with the facts of the case so as to dissuade him 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 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) The applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri