1 2025:CGHC:48054 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1439 of 2025 Siyaram Sahu S/o Samharu Sahu Aged About 34 Years R/o Village Katkona, Police Station Bijuri, Tahsil Kotma, District Anuppur (M.P.) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police of Police Station Marwahi, District Gourela-Pendra-Marwahi (C.G.) ... Non-Applicant For Applicant : Mr. Anil Kumar Gulati, Advocate. For Non-applicant/State : Mr. Saumya Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 18/09/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No. 125/2025, registered at Police Station Marwahi, District Gourela-Pendra-Marwahi (C.G.) for alleged commission of offence punishable under Sections 4, 6 and 10 of Chhattisgarh Krishi Pashu Parirakshan Adiniyam, Secitons 61(2) and 112 of Bharatiya Nyaya Sanhita, 2023 and Section 11 of the Prevention of Cruelty to Animals Act. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. As per the case of the prosecution, in brief, is that while on patrol duty, the Assistant Sub-Inspector of Police, Police Station Marwahi, received information that five persons were moving through the forest with cattle. Acting on this information, the police reached the spot, whereupon one person, namely Manrakhan Singh Marawi, was apprehended, while the other four managed to flee from the scene. During interrogation, Manrakhan Singh Marawi disclosed the names of the present applicant along with other co-accused persons. A total of eleven cattle were seized by the police, and subsequently, a crime was registered as mentioned above. Hence, this anticipatory bail application is being filed. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that even if the entire prosecution story is taken at its face value, there is no prima facie evidence to establish the involvement of the applicant. The only allegation against the applicant is based on the statement of the co-accused, who was apprehended at the spot, whereas no independent evidence has been collected to show the applicant’s presence or role in the alleged offence. It is further submitted that the statement of a co- accused, in the absence of any corroborative material, has no evidentiary value in the eyes of law. Apart from this, the prosecution has failed to produce any material to substantiate its claim that five persons were transporting cattle through the forest for the purpose of slaughter, making the entire case highly doubtful. Therefore, he prays for grant of anticipatory bail to the present applicant. 3 4. On the other hand, learned State counsel vehemently opposed the prayer for grant of anticipatory bail and submits that as per the prosecution case, during the patrol duty, the Assistant Sub- Inspector of Police, Police Station Marwahi, received credible information about five persons transporting cattle through the forest. Acting promptly, the police reached the spot and apprehended one accused, namely Manrakhan Singh Marawi, from whose interrogation the name of the present applicant, along with other co- accused persons, surfaced. A total of eleven cattle were seized, and the other four accused managed to abscond. It is further submitted that the offence is serious in nature and involves illegal transportation of cattle, which has larger social ramifications. It is also pertinent to mention that another criminal case is already pending against the present applicant in the State of Madhya Pradesh under the provisions of the Prevention of Corruption Act, which clearly reflects his criminal antecedents and tendency to commit offences. Hence, the anticipatory bail application of the applicant deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, it is evident that the allegations against the present applicant are serious in nature, involving the illegal transportation of eleven cattle through the forest along with other co-accused persons. The applicant’s name surfaced during the investigation based on the disclosure made by a co-accused who was apprehended at the spot, while 4 four others, including the applicant, absconded. Furthermore, it is a matter of record that another criminal case under the Prevention of Corruption Act is already pending against the applicant in the State of Madhya Pradesh, which clearly reflects his criminal antecedents and propensity to commit offences. Therefore, considering the gravity of the offence, the applicant’s prior involvement in another case, and the larger public interest, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant - Siyaram Sahu, involved in Crime No. 125/2025, registered at Police Station Marwahi, District Gourela-Pendra-Marwahi (C.G.) for alleged commission of offence punishable under Sections 4, 6 and 10 of Chhattisgarh Krishi Pashu Parirakshan Adiniyam, Secitons 61(2) and 112 of Bharatiya Nyaya Sanhita, 2023 and Section 11 of the Prevention of Cruelty to Animals Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan