1 2026:CGHC:651 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 2001 of 2025 Jeevan Lal Jharia S/o Shri Mandas, Aged About 53 Years R/o Village Salhewara, Police Station Salhewara, Tehsil Chhuikhadan, District- K. C.G. (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Kawardha, District- Kabirdham, Kawardha (C.G.) ... Respondent For Applicant : Mr. Basant Kaiwartya, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.01.2026 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.241/2025 registered at Police Station – Kawardha District – Kabirdham Kawardha (C.G.) for the offences punishable under Sections 04, 06, 10, of the C.G. Farmer Animal Protection Act, 2004 and Section 11 of Prevention of Cruelty to Animls Act 1960. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.07 11:00:27 +0530 2 2. The prosecution story in brief, is that, the on complainant Sagar Sahu has lodged a report 04.06.2025, the police of Police Station Kawardha, District Kabirdha, Kawardha (C.G.), When the companions of Bajrang Dal gau Raksha vibhag stopped and checked a four-wheeler (pickupOfrom village Lalpur Roud, which was transporting cattle behind it the pickup driver and his other 2 companions were cut toking 03 milch cows and 03calves inside the pickup, ied with rope, without fading themes fodder water, stuffing them in to the pickup and taking the caws to katipo (slaughter house)for smuggling. During the investigation on the report of the complainant, it was found that there was no purchase and sale receipt of the milch cows and claws, from the memorandum statements of the accused driver Banwari lal and his companions Rakesh Jagmohan, from the statements of the complainant and the witnesses, the accused cattle owners Naresh and Para's Patel with the help of 06 cattle were seized from the accused vehicle pickup number the other accused were arrested and produced in the court after they were found transporting the goods in CG 09 JB 1320 therefore the police has registered the crime and arrested the applicants for the said offense. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the investigation is still in progress and the charge-sheet has not yet been filed, and the custodial interrogation of the applicant is not required as he is ready and willing to cooperate fully with the investigation and to appear before the police authorities as and when required. The alleged offences, particularly under Sections 4, 6 and 10 of the Chhattisgarh Farmer Animal Protection Act, 2004 and Section 11 3 of the Prevention of Cruelty to Animals Act, 1960, require strict proof of essential ingredients such as intention, coercion or absence of consent, and in the absence of any prima facie material on record, the arrest of the applicant would serve no useful purpose except causing undue harassment. The applicant is the registered owner of the Bolero vehicle and has no direct role in the alleged incident. It is further submitted that the co-accused persons have already been granted bail by this Hon’ble Court vide order dated 06.06.2025 passed in Bail Application No. 1309/2025 (Annexure A/2), and the applicant is similarly placed and deserves the benefit of parity. The present case has been instituted only to harass the applicant and to tarnish his social reputation, and there is no likelihood of the applicant fleeing from justice or tampering with evidence. The applicant undertakes to abide by any stringent conditions imposed by this Hon’ble Court, including regular appearance before the police, not contacting the complainant, and surrendering his passport, and further undertakes not to tamper with the evidence or influence the witnesses in any manner. In these circumstances, the applicant is a fit case for grant of anticipatory bail. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the applicant. 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 advanced by the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it appears that the present applicant is merely the registered owner of the Bolero vehicle 4 and no specific overt act has been attributed to him in the alleged incident. It is further noted that five co-accused persons have already been granted bail by the learned trial Court. Therefore, without expressing any opinion on the merits of the case, this Court is of the considered view that the applicant has made out a fit case for grant of anticipatory bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Jeevan Lal Jharia, on executing a personal bond and one local surety in the like sum to the 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