1 2025:CGHC:46805 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7297 of 2025 1 - Naeem Musalman, S/o Nazar Musalman, Aged About 62 Years, R/o Naduvas Kosi, P.S. Naduvas, District : Mathura, Uttar Pradesh. ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer P.S. Simga, District : Balodabazar-Bhathapara, Chhattisgarh. ... Respondent(s) For Applicant : Mr. T.K. Jha, Advocate For Respondent(s)/State : Ms. Sunita Sahu, P.L. Hon'ble Smt Justice Rajani Dubey Order on Board 12/09/2025 Heard. 1. The applicant has preferred this First bail application under Section 483 of BNSS, 2023 for grant of regular bail as he is arrested in connection with Crime No.374/2019, registered at 2 Police Station – Simga, District- Baloda Bazar Bhatapara (C.G.) for the offence punishable under Sections 4,6,7,9,10,11 of C.G. Agricultural Cattle Preservation Act 2004 and 49, 49(A), 50 of Prevention of Cruelty to Animals Act, 1960 and Sections 48 and 52 of C.G. Pashu Parivahan Adhiniyam. 2. Case of the prosecution, in brief, is that on 15.09.2019, upon receiving information from an informer, police of Police Station- Simga reached the spot near Damakheda on NH-130 and cordoned off the area and caught co-accused Asif Sheikh and Ghulam, who were smuggling animals in vehicle bearing Registration No. CG-04 MM-5998, under Section 91 of the Indian Penal Code. Upon giving notice under Section 91 of the Indian Penal Code, on stating that they did not have any valid documents for smuggling the vehicle and animals, the animals were unloaded from the vehicle and counted, in which 25 live bulls and calves and 3 dead bulls were found, making a total of 28 bulls and calves. On taking the spot report, the vehicle and animals were seized from the accused in front of witnesses. Every possible effort was made to trace the vehicle owner (applicant), but when he could not be found, charge sheet was filed before the learned trial Court against the accused Asif Sheikh and Ghulam Malithya. Learned trial Court issued a permanent arrest warrant against the accused vehicle owner i.e. applicant on 07.08.2025, in compliance of the same, the applicant was arrested on 18.08.2025 and presented before the Court from where he is in 3 judicial custody. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He also submits that the applicant was not apprehended from the spot. The co-accused persons Asif Sheikh and Ghulam were caught in possession of the vehicle and the animals. The only alleged link between the applicant and the offence is the ownership of the vehicle, which in itself is insufficient to fasten criminal liability in the absence of any corroborative evidence indicating the applicant's knowledge or participation. He further submits that the other co-accused persons Ashif Shekh and Gulam Malithya have already been granted bail by this Court vide order dated 21.01.2020 passed in MCRC No. 7794 of 2019. Lastly, he submits that the applicant is in jail since 18.08.2025 and conclusion of the trial is likely to take some time. Therefore, the present applicant may also be granted privilege of regular bail. 4. On the other hand, learned counsel for the State opposes the bail application. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, the nature of allegations against the applicant, the detention period of the applicant, the fact that other co-accused persons have already been released on regular bail by this Court and the conclusion of the trial is likely to take some time, without commenting anything 4 on merits of the case, this Court is inclined to release him on regular bail. 7. Accordingly, the bail application is allowed. 8. It is directed that the applicant shall be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one local surety of the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed, till final disposal of the trial. Certified copy, as per rules. Sd/- (Rajani Dubey) Judge Ruchi RUCHI YADAV Digitally signed by RUCHI YADAV