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2026 DAILYLAW 13755 (CHH)

SHEETAL KUMAR RATHORE v. STATE OF CHHATTISGARH

MCRCA/104/2026 · 2026-01-18

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Judgment text

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1 2026:CGHC:3064 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 104 of 2026 1 - Sheetal Kumar Rathore S/o Dhanushdhari Rathore Aged About 30 Years R/o Kyontarnayatola, P.S. Jaithari, District Anuppur (M.P.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Marwahi, District - Gourela-Pendra-Marwahi Chhattisgarh ... Non-applicant For Applicant : Mr. Achyut Tiwari, Advocate. For Non-applicant/State : Mr. Nitansh Kumar Jaiswal, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 19/01/2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.185/2025 registered at Police Station – Marwari, District – Gourela Pendra Marwari (C.G.) for the offence punishable under Sections 04, 06, 10 C.G. Krishi NIKITA JAIN Digitally signed by NIKITA JAIN Date: 2026.01.20 17:27:49 +0530 2 Pashu Parirakshan Adhiniyam, 2004 and Section 11 of the Prevention of Cruelty to Animals Act, 1960 and 61(2), 112 of BNS, 2023. 2. Prosecution case in brief is that on 14.10.2025, the police received information that the applicant along with other co- accused was transporting cattle through the forest without having valid documents, beating and torturing them, and driving them on foot from Bahrijhorki Naka forest to slaughterhouses in other states. Upon receiving the information, the police conducted raid and found eight individuals allegedly transporting cattle cruelly. Two of them escaped into the forest. Notably, the applicant/accused Sheetal Rathore was not among the eight individuals or at the scene. The bail application for Sheetal Rathore states that in the FIR (Crime No.185/2025), his name was added as an accused based on other accused stating he sends cattle via a four-wheeler. However, there is no specific statement in the FIR linking Sheetal Rathore to the cattle seized on the incident date. 3. Learned counsel for the applicant would submit that the applicant is innocent person and he has not committed any offence as alleged by the prosecution and he is falsely implicated in the present case. It is further submitted that the applicant was not present on the spot and the said cattle were not seized from the possession of the applicant. He further contended that this Court 3 vide orders dated 10.12.2025 and 11.12.2025 granted regular bail to the co-accused persons in MCRC/9320/2025 and MCRC/10223/2025, therefore, the present applicant is also entitled for grant of anticipatory bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail to the applicant. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, and further the fact that this Court has granted regular bail to the co-accused in MCRC/9320/2025 and MCRC/10223/2025 vide its orders dated 10.12.2025 and 11.12.2025 respectively, and further considering the fact that the applicant has no criminal antecedents, I am inclined to extent the benefit of Section 482 of the B.N.S.S. to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Sheetal Kumar Rathroe, 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. 4 (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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Nikita