1 2025:CGHC:52865 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1631 of 2025 Shimon Masih @ Baba S/o Shail Masih Aged About 27 Years R/o Ganeshpur, Thana- Simga, Distt. Balodabazar-Bhatapara C.G. ... Applicant(s) versus The State Of Chhattisgarh Through S H O, Thana- Simga, Distt. Balodabazar-Bhatapara C.G. ... Non-applicant(s) For Applicant : Mr. Arvind Prasad, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.10.2025 1. This 昀椀rst anticipatory bail application under Section 482 of the BNSS has been 昀椀led by the applicant, who is apprehending his arrest in connection with Crime No.15/2025 registered at Police Station Simga District- Balodabazar-Bhatapara, (C.G.) for the o昀昀ence punishable under Sections 325, 3(5) and 111 of Bhartiya Nyaya Sanhita, 2023 and under Sections 4, 5, 10 and 11 of KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Chhattisgarh Agricultural Cattle Preservation Act, 2004 and Section 11 of Prevention of Cruelty to Animals Act. 2. The case of the prosecution is that on 07.01.2025, during a village tour and patrolling, information was received from an informer that some residents of Dwan Ganeshpur were slaughtering cows and cutting their meat near Mahapur Bandha pond. This information was conveyed to witnesses Prakash Masih and Jaywant Masih, and a panchnama of the information was prepared on the boat. Accompanied by sta昀昀 and witnesses, a raid was conducted near the Bandha pond in Ganeshpur village. During the raid, some individuals 昀氀ed the scene upon seeing the police, while one person was found cutting cow meat. Upon questioning, he identi昀椀ed himself as Naresh Ram, son of Biraj Rai, aged 52 years, a resident of Ganeshpur, Police Station Simga, District Balodabazar, Bhatapara (C.G.). He disclosed that he along with Lalu Masih, Nitya Masih, Goldy Masih, Jimmy Masih, Baba Masih/applicant, Mojesh alias Baburao Masih, Anil Masih, and Sunil Masih, all residents of Ganeshpur, they had captured a red calf in Deephar, taken it to an empty spot near the Bandha pond, and killed it by striking its head with a tangia (axe). Naresh Ram was issued a notice under Section 94 B.N.S.S. and asked to produce any documents related to the slaughter and meat cutting, but he admitted that he had no such documents. A red calf, weighing approximately 150 kg, halfskinned, along with a tangia and a knife with wooden handles, valued at Rs. 13,000/-, were recovered in the presence of witnesses and duly sealed. The accused was arrested on the spot on 07.01.2025, and 3 a case was registered under Section 325, 3(5) BNS, and Sections 4, 5, 10, and 11 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004. Subsequently, during the investigation, Section 111 BNS (organized crime) was added after it was found that the act fell under this provision. While searching for the absconding accused, Rupesh Kashyap and Suresh Kumar Das were apprehended on 28.01.2025, and their memorandum statements con昀椀rmed their involvement under Section 111 BNS. 3. Learned counsel for the applicant submits that the applicant is innocent person and he has been falsely implicated by the complainant in the false case though has not committed any of cattle transporting. The applicant was made an accused only on the basis of the co-accused’s memorandum, and other co-accused namely Elu @ Sahil Masih has been granted anticipatory bail by this Court in MCRCA No. 1219/2025, vide order dated 12.08.2025 and further the case of the applicant is similar to that of co-accused. The main accused namely Shahid Alam and other accused have been granted regular bail by the trial Court and 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 applicant along with other co-accused persons were involved in the illegal slaughter of a cow. During the raid conducted on 07.01.2025, Naresh Ram was apprehended at the scene and incrimination evidence, including a 4 partially skinned calf, a tangia/axe and a knife was recovered. therefore, 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 and further the main accused and other co-accused have already been granted regular bail by the trial Court and one of the co-accused namely Elu @ Sahil Masih has been granted anticipatory bail by this Court in MCRCA No. 1219/2025, vide order dated 12.08.2025 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- Shimon Masih @ Baba, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting O昀케cer, 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. 5 (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 veri昀椀ed by the trial Court. (e) He shall not involve himself in any o昀昀ence of similar nature in future. Sd/- Sd/- Sd/- (Ramesh Sinha) Chief Justice Kunal