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2025 DAILYLAW 53394 (CHH)

MOHD. PRAVEZ BHANDARI v. STATE OF CHHATTISGARH

MCRCA/643/2025 · 2025-05-04

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:20499 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 643 of 2025 1 - Mohd. Pravez Bhandari S/o Hussain Bhandari Aged About 38 Years R/o Village Murgu, P.S. Sisai, District Gumla (Jharkhand) ... Applicant versus 1 - State Of Chhattisgarh Through The Outpost Sonkaryari, Station House Officer, Police Station Sanna, District Jashpur (Chhattisgarh) ... Non-applicant For Applicant : Mr. Sachin Nidhi, Advocate For State : Ms. Shubha Shrivastava, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/05/2025 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.72/2024 registered at Police Station – Sanna, District- Jashpur (C.G.) for the offences punishable under Sections -47A, 47C,48,49,52 Chhattisgarh Pashu Parivahan Adhiniyam 1978 and Sections 4, 6, 10 of Chhatisgarh Krishi Pashu Parikshan VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.06 18:05:22 +0530 2 (Sanshodhan) Adhiniyam 2011 and -11(1)(d) of Pashu Krurta Nivaran Adhiniyam 1960. 2. As per Case of the prosecution on 25.10.2024, at night, information was received from an informer that two pickup vehicles filled with cows and bulls were being taken from Narayanpur to Jharkhand via Gullu Fall to a slaughterhouse. After receiving the information, the Police went to the place of incident and found two vehicle having registration number JH 07 M 3717 & JH 01 EV 3025, where the accused driver of the vehicle taking advantage of the darkness, left the pickup vehicle and fled away. During search of the aforesaid vehicle total 25 cows, calves and bulls were found loaded and with the help of villagers, they were unloaded from the pickup vehicle. On the basis aforesaid story of the prosecution offence U/s- (i) -47A, 47C, 48, 49, 52 छत्तीसगढ़ पशु परिवहन अधिनिनयम 1978, (ii)- 4,6,10 of छत्तीसगढ़ कृ नि पशु परिक्षण (सशुन) अधिनिनयम 2011, (iii)-11(1) (d) of पशु क्रू ता निनवण अधिनिनयम, 1960 has been registered against unknown person in crime no. 72/2024 at outpost- Sonkaryari, Station House Officer, Police Station- Sanna, District-Jashpur (C.G.). 3. Learned counsel for the applicant submits that the applicant is innocent and she has been falsely implicated in the present case. He would submit that the present applicant having no involvement in the aforesaid crime, he is the owner of the vehicle, having no knowledge about the illegal transportation of animals in the vehicle of the present applicant. He also submits that nothing has been found against the present applicant, 3 investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that there was 25 animals were found, in which 3 animals were found died in the said vehicle, as such, I am not inclined to grant anticipatory bail to the applicants. 7. Accordingly, the anticipatory bail application of the applicant– Mohd. Pravez Bhandari, filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No.72/2024, registered at Police Station–Sanna District – Jashpur (C.G.) for the alleged commission of offence punishable under Sections - 47A, 47C,48,49,52 Chhattisgarh Pashu Parivahan Adhiniyam 1978 and Sections 4, 6, 10 of Chhatisgarh Krishi Pashu Parikshan (Sanshodhan) Adhiniyam 2011 and -11(1)(d) of Pashu Krurta Nivaran Adhiniyam 1960. of BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaishali