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2025 DAILYLAW 53255 (CHH)

JABIULLAH KHAN v. STATE OF CHHATTISGARH

MCRCA/1620/2025 · 2025-10-16

body2025

Judgment text

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1 2025:CGHC:51941 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1620 of 2025 Jabiullah Khan S/o Guljar Khan Aged About 46 Years Caste- Muslim, R/o Village- Kharwatoli Keradih, Police Station Narayanpur, District Jashpur C.G. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station- Duldula, District Jashpur C.G. ... Non-applicant(s) For Applicant : Mr. Ashish Gupta, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Government Adv. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.10.2025 1. This first anticipatory bail application under Section 482 of the BNSS has been filed by the applicant, who is apprehending his arrest in connection with Crime No.42/2025 registered at Police Station Duldula District- Jashpur, (C.G.) for the offence punishable under Sections 4, 6, 10 of Chhattisgarh Krishak Pashu Parirakshan Adhiniyam 2004. 2. Prosecution case, in brief, is that the applicant purchased two bullock and two cow from and Kamal Kujur for agriculture purposes subsequently the applicant has given/sold the said bullocks and KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 cows to accused Shahid Alam and the said Shahid Alam along with other co-accused persons were allegedly taking the said bullocks and cows towards slaughter house at Jharkhand. Based on the said allegations, the aforesaid alleged offences have been registered against the accused persons including present applicant on 30.08.2025. 3. Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant has never sold the bullocks and cows to the co-accused Shahid Alam for killing them in slaughter house. The main accused namely Shahid Alam and other accused have been granted regular bail by the trial Court and further there is no direct or indirect involvement of the present applicant in commission of alleged crime in question. The applicant has no previous criminal record. Accordingly, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that the case diary clearly reveals that the accused purchased 2 bulls and 2 heifers under the pretext of farming and rearing, but intentionally handed them over to be slaughtered in violation of the said Act. The act of the accused not only demonstrates premeditation but also constitutes serious violation of the statutory provisions meant for the protection of livestock. If the accused is released on bail, there is a real possibility of tampering with evidence, influencing witnesses, or absconding, considering the nature and seriousness of the offence. The accused 3 has already been implicated along with co-accused Shaheed Alam, which indicates a coordinated criminal activity. Hence, the applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in the case diary, it appears that the present applicant has no direct or material role in the alleged act of handing over the bullocks and cows for slaughter and further the main accused and other co-accused have already been granted regular bail by the trial Court and the applicant has no previous criminal record therefore, without further consideration on merits, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant- Jabiullah Khan, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on anticipatory 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. 4 (d) The applicant 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) He shall not involve himself in any offence of similar nature in future. Sd/- Sd/- (Ramesh Sinha) Chief Justice Kunal