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2025 DAILYLAW 60393 (CHH)

YOGESH KUMAR BANJARE v. STATE OF CHHATTISGARH

MCRCA/1912/2025 · 2025-12-03

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Judgment text

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1 2025:CGHC:58951 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1912 of 2025 Yogesh Kumar Banjare S/o Firatram Bannjare, Aged About 28 Years R/o Gram- Pachari, Police Station- Bhilaigarh, District Sarangarh- Bilaigarh (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Hasaud, District Sakti (C.G.) ...Non-applicant For Applicant : Mr. Leekesh Kumar, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.12.2025 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. 162/2025 registered at Police Station – Hasaud District – Sakti (C.G.) for the offences punishable under Section 4,6,10 & 11 of the Chattisgarh Agricultural Animals Prohibition Act, 2004 and Section 111 of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.05 12:06:29 +0530 2 2. The prosecution's case, in brief, is that, on 07.09.2025, upon receiving information from an informant, the police of Police Station Hasaud checked the container of vehicle number MH 20 EL 1455, which was suspected to be carrying cattle for illegal slaughter. Upon further checking of the vehicle, the police recovered 41 cattle worth 6,15,000. Based on the above facts, FIR No. 162/2025 was registered against the accused and the applicant at Police Station Hasaud, District Shakti, Chhattisgarh, under sections 4, 6, 10, and 11 of the Chhattisgarh Agricultural Animals Prohibition Act, 2004, and section 111 of the BNS 3. The applicant submits that she is innocent and has been falsely implicated in the present case. He further submits that there is no direct eyewitness account of the applicant being present or participating in the alleged transportation of cattle and the prosecution case rests merely on circumstantial connections, without any physical seizure or reliable identification. Nothing has been recovered or seized from the possession of the present applicant, and neither the truck nor the cattle were ever found in his custody. The applicant is only a co- accused, while the main accused persons have already been arrested, and he has no connection with the alleged offence, as he was not even present at the place of incident. Even assuming, without admitting, there is no allegation of cruelty or direct involvement attributed to the applicant, and at most, he is alleged to be indirectly associated. A similarly situated co-accused, having the same role, has already been granted bail by the Hon’ble High Court, and therefore, on the principle of parity, the applicant also deserves the same relief; a copy of the order dated 13.11.2025 is filed as Annexure A-3. The 3 applicant’s wife is in the last month of pregnancy and there is no other person in the family to take care of her; hence, his custodial arrest would cause irreparable hardship to her and the unborn child, as his presence is essential for providing physical, emotional and medical support, especially when delivery may take place at any moment; a copy of the medical report is filed as Annexure A-4. The entire case is based only on the information and statements of official witnesses and no independent evidence directly connects the applicant with the alleged transportation of cattle. The applicant has no previous criminal antecedents, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State Counsel appearing for the non- applicant/State opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it is noted that the co-accused, Purushottam Kurre, has already been granted regular bail by this Court in MCRC No. 8160 of 2025 vide order dated 13.11.2025, therefore, without expressing any opinion on the merits of the case, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Yogesh Kumar Banjare, on executing a personal bond and one surety in the like sum to the 4 satisfaction of the arresting Officer, he shall be released on 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. (d) the applicant and the surety shall submit a copy of his 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/- (Ramesh Sinha) CHIEF JUSTICE vaibhav