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2026 DAILYLAW 13754 (CHH)

SANU QURESHI v. STATE OF CHHATTISGARH

MCRCA/374/2026 · 2026-03-10

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Judgment text

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1 2026:CGHC:11703 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 374 of 2026 Sanu Qureshi S/o Salim Qureshi Aged About 32 Years R/o Raja Talab, Raipur, Tehsil Raipur, District - Raipur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station - Barmhnidih, District - Janjgir-Champa, Chhattisgarh. ... Respondent For Applicant : Dr. N.K. Shukla, Senior Advocate, along with Mr. Dinesh Kumar Bole, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.03.2026 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.99/2024 registered at Police Station – Barmhnidih, District - Janjgir-Champa, (C.G.) for the offences punishable under Sections 4, 6, 10 of the C.G. Agricultural Cattle Preservation Act VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.03.12 11:27:09 +0530 2 2004, Section 11(d) of Cruelty to Animals Act, and Section 325 of BNS. 2. The prosecution story in brief is that, on 13.11.2024 Barmhnidih, Police Station team was dispatched for patrolling to village Podishankar and upon receiving secret information from an informant, it was found that a 10-wheeler Ashok Layland truck bearing registration no. CG 07 CG 3929 is carrying and transporting cattle cruelly and illegally towards slaughter houses, Orissa. The Police has stopped the truck and while checking they found total 22 numbers of buffaloes in poor health out of which 05 buffaloes were dead. On the basis of inquiry and memorandum statements, the applicant/accused was linked to the transportation of the said cattle and to the use of other vehicles for similar purposes and the Crime No.99/2024 was registered at Police Station-Barmhnidih, District Janjgir Champa. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the aforesaid case. It is further submitted that the alleged offences are not punishable with life imprisonment or with imprisonment exceeding ten years. Learned counsel submits that the provisions of the Chhattisgarh Agricultural Cattle Preservation Act, 2004 (C.G. Krishak Pashu Parikshan Adhiniyam, 2004), which came into force on 11.09.2006, have been enacted for the preservation of animals suitable for milch, draught, breeding or agricultural purposes. As 3 per the schedule of the said Act, male and female buffaloes are also categorized as agricultural cattle. It is further submitted that Section 4 of the said Act prohibits the slaughter of agricultural cattle without obtaining a certificate from the competent authority, while Section 6 deals with prohibition of transportation of agricultural cattle for slaughter. Section 10 of the Act provides punishment for contravention of Sections 4(1), 6-A and 6-B, which may extend to three years’ imprisonment with fine up to Rs.5,000, and Section 11 provides punishment which may extend to one year or fine up to Rs.1,000 or both. It is further submitted that the applicants are permanent residents of the State of Chhattisgarh and there is no likelihood of their absconding. The FIR dated 13.11.2024 has been filed along with the application. It is also submitted that the main accused persons, namely Nafees, Sahab Lal Kurre and Taufique Kuraishi, have already been granted regular bail by this Hon’ble Court vide order dated 22.01.2025 passed in MCRC No. 8453/2024 and MCRC No. 479/2025. The applicants undertake to abide by all the conditions that may be imposed by this Hon’ble Court while granting bail and reserve their right to raise additional grounds at the time of hearing. They are permanent residents of the address mentioned in the cause title, where their movable and immovable properties are situated, and therefore there is no apprehension of their absconding or tampering with the prosecution evidence. 4 4. On the other hand, learned State counsel vehemently opposes the anticipatory bail application and submits that the applicant has four previous criminal antecedents of a similar nature, which clearly indicates that he is a habitual offender. It is further submitted that considering the nature of the allegations and the criminal background of the applicant, granting anticipatory bail may adversely affect the investigation. Therefore, it is contended that the applicant is not entitled to the grant of anticipatory bail and the present application deserves to be rejected. 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 learned counsel for the parties and the material available in the case diary, it appears that the case diary reveals the involvement of the present applicant/accused. It further appears that on 13.11.2024, during patrolling in village Podishankar, a ten-wheeler Ashok Leyland truck bearing registration No. CG-07-CG-3929 was intercepted and it was found that cattle were being transported illegally in a cruel and inhumane manner. Upon inspection, 22 buffaloes were found in an unhealthy condition, out of which five were found dead. The said vehicle along with the cattle was seized by the police. It is also noted that the applicant has four previous criminal antecedents of a similar nature, which prima facie indicates that he is a habitual offender. 5 Considering the seriousness of the allegations, the nature of the offence and the material collected during investigation, this Court is not inclined to grant bail to the applicant. Accordingly, the bail application stands rejected. 7. Accordingly, the anticipatory bail application of the applicant – Sanu Qureshi, involved in Crime No.99/2024 registered at Police Station – Barmhnidih, District - Janjgir-Champa, (C.G.) for the offences punishable under Sections 4, 6, 10 of the C.G. Agricultural Cattle Preservation Act 2004, Section 11(d) of Cruelty to Animals Act, and Section 325 of BNS, is rejected. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav