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2025 DAILYLAW 42302 (CHH)

ABID ANSARI v. STATE OF CHHATTISGARH

MCRCA/1362/2025 · 2025-09-07

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:45644 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1362 of 2025 Abid Ansari S/o Shamshuddin Ansari Aged About 42 Years R/o Village- Govindpur, Police Station- Jari, District- Jashpur (C.G.) ...Applicant versus State Of Chhattisgarh Through- Outpost-Manora, Police Station - Jashpur, District- Jashpur (C.G.) ...Non-applicant For Applicant : Mr. Ashish Gupta, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.09.2025 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.119/2025, registered at Police Station - Jashpur District – Jashpur (C.G.) for the offence punishable under Sections under Section 4, 6,10 of the C.G. Agriculture Cattle Preservation Act, and Section 11(1)(A) & 11(1) (D) of Prevention of Cruelty to Animal Act. 2. As per prosecution case on 06.05.2025 the police received information from the informant that the two persons were beating and VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.09 14:25:28 +0530 2 taking away from the slaughtering house to some cattle, on the basis of above information Police has reached at village Dumartoli, near forest and found the two persons were taken the cattle therefore police has enquired about the cattle when they not given any sufficient reason, the police has seized the 11 - 12 number of cattle and police has arrested the accused persons and started investigation. On the basis of memorandum statement of co-accused, the name of present applicant has been roped in this case. 3. The applicant is an innocent person who has been falsely implicated in the present case, as his name does not appear in the FIR and has only been roped in on the basis of the memorandum statement of co- accused persons. He was not present at the place of incident at the relevant date and time, nor has he ever taken cattle for slaughter. The co-accused have already been granted regular bail by the learned C.J.M., Jashpur. The seized cattle were taken on foot without use of any transport vehicle, and no interrogation of the applicant is required in this regard. The applicant has not committed any act of cruelty as alleged and is ready to abide by any conditions imposed by this Hon’ble Court. He is a permanent resident of the address mentioned in the cause title, and there is no likelihood of his absconding or tampering with prosecution witnesses, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, as the applicant’s name does not appear in the FIR and he has been implicated only on the basis of the memorandum statement of co- accused persons, and further noting that the co-accused persons have already been granted regular bail by the learned C.J.M., Jashpur, this Court, without expressing any opinion on the merits, is 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 – Abid Ansari, 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) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav