1 2025:CGHC:53429 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1667 of 2025 • Shamim Qureshi S/o Munna Qureshi Aged About 35 Years R/o Nawb Marg, Takiya Para Durg, Tehsil And District Durg, Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through Station House Officer Police Station Lalbaag, District Rajnandgaon, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Dr. N.K. Shukla, along with Ms. Priya Mishra, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.10.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.298/2025 registered at Police Station – Lalbag, District – Rajnandgaon (C.G.) for the offence punishable under Sections 4, 6 & 10 of the C.G. Agricultural Cattle Preservation Act, 2004 and Section 3(5) of BNS, 2023. 2. The prosecution story, in brief, is that the on 28.06.2025 Assistant Sub Inspector Ishwar Prasad Yadav brought a vehicle bearing CG04 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.03 17:42:24 +0530 2 NL6724 in Police Station Lal Bagh. It was further contended that vehicle bearing CG04 NL6724 was caring cattle in which interrupted by police and found that there were 2 buffalo in the vehicle. Vehicle bearing CG04 NL6724 was a light goods vehicle, there were two buffallows and Sujit Lal Masi and Firoz Khan was driving the same. Police recorded memorandum statement of accused Firoz Khan Under Section 27of Evidence Act (23 of Bhartiya Sakshya Adhiniyam) who stated that the applicant loaded two buffallows, in the direction of the present applicant. Identical memorandum statement of Sujit Lal co-accused was recorded, apart from this there is no other evidence against the Present applicant. The applicant Dairy Farm is situated nearby the place of incident applicant never drove that vehicle ever, nor he is the owner of that Vehicle. It is submitted that no evidence was found that the material which was seized, hence, he is also liable for action. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. It is further submitted that only on the basis of memorandum statement of the co-accused, present applicant has implicated in crime in question and there is no evidence collected against the present applicant and co-accused person has also been granted bail by learned trial Court. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the 3 materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that the co-accused persons has already enlarged on bail by trial Court, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Shamim Qureshi on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The Applicant 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) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali