Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:8010
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 230 of 2025 Vivek Tiwari S/o Late Shri Kaushal Prasad Tiwari Aged About 44 Years R/o Harshit Vihar Colony, Urkura, District Raipur (C.G.)
... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, P.S. Pamgarh, District- Janjgir-Champa (C.G.)
... Non-applicant For Applicant : Mr. T.K. Jha, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 14.02.2025
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. 559/2024 registered at Police Station – Pamgarh, District – Janjgir-Champa (C.G.) for the offences punishable under Sections 4, 6, 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004 and Section 325 of the Bhartiya Nyaya Sanhita, 2023 and Section 11D of the Prevention of Cruelty to Animal Act. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.14 18:33:38 +0530
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2. The prosecution's case is that, in the midnight hours of 20.12.2024 to 21.12.2024, between Village Jorella and Dhabadih, cattle were parked in a field, and the other accused persons were loading the cattle onto a truck bearing number MP-50-H-1399. They were allegedly illegally transporting agricultural cattle. On this basis, an offense was registered against the applicant and the other accused persons.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the other co-accused persons, namely, Radheshyam Dhritlahare has already been granted anticipatory bail by this Hon’ble Court in MCRCA No. 62 of 2025 vide order dated
15.01.2025. Therefore, he submits that the present applicant is also entitled to be released on anticipatory bail on the ground of parity.
4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the bail application of the present applicant.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts & circumstances of the case that in the present case, the co-accused persons, namely, Radheshyam Dhritlahare has already been granted anticipatory bail by this Court in MCRCA No. 62 of 2025 vide order dated 15.01.2025. Therefore, I am inclined to grant anticipatory bail to the present applicant on the ground of parity.
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7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vivek Tiwari, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, she 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/ Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek