1 2026:CGHC:21705 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 600 of 2026 Ibadul Khan S/o Roshan Khan Aged About 20 Years R/o Village Dumarhar, Police Station Babhani, District- Sonbhadra (U.P. ) ... Applicant versus State Of Chhattisgarh Through The Station House OfÏcer, Police Station Chalgali, District- Balrampur- Ramanujganj (C.G.) ... Non-applicant For Applicant : Mr. Vikash Pandey, Advocate For Non-applicant : Mr. Shubham Bajpai, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.05.2026 1. This first anticipatory bail application under Section 438 of the Code of Criminal Procedure has been filed by the applicant, who is apprehending his arrest in connection with Crime No.10/2026 registered at Police Station –Chalgali, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 4, 6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004 read with Section 11(1)(d) of Prevention of Cruelty to Animal Act, 1960. ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.05.11 10:40:27 +0530 2 2. The prosecution case, in brief, is that on 24.02.2026 at about 11:00 PM, while the police was on patrolling duty, they received information regarding illegal transportation of cattle and buffaloes in pickup vehicles from Pratappur towards a slaughterhouse in Jharkhand. Acting on the said information, the police intercepted and searched the vehicles and found 7 cattle/buffaloes in pickup vehicle No. UP 64 CT 4888 and 6 cattle/buffaloes in another vehicle. Two persons namely Suryajeet Patel and Inullah Ansari were apprehended on the spot, and thereafter on the basis of their memorandum statements during investigation, the present applicant has been implicated in the alleged offence. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated solely on the basis of memorandum statements of co-accused persons. It is submitted that the applicant is the registered owner of the vehicle in question, which was allegedly hired by co-accused persons for bona fide purposes, and he had no knowledge regarding transportation of cattle. It is further submitted that there is no direct evidence showing conscious involvement of the applicant in the alleged offence and he has no criminal antecedents. 3 4. Learned State counsel opposes the application and submits that the allegations are serious in nature involving illegal and cruel transportation of cattle for slaughter, and the vehicle owned by the applicant was found used in commission of the offence. It is further submitted that the applicant has been implicated during investigation on the basis of memorandum statements of co-accused persons and material collected, and there is apprehension of misuse of liberty. 5. I have heard learned counsel for the parties and perused the case diary. 6. Heard learned counsel for the parties and perused the case diary. The prosecution case arises out of interception of vehicles on 24.02.2026 wherein cattle were found being illegally transported and two persons were apprehended on the spot, while the present applicant has been implicated later on the basis of memorandum statements of co-accused persons. Learned counsel for the applicant submits that he is the registered owner of the vehicle, had no knowledge of the alleged offence, has no previous criminal antecedents, and there is no material showing his conscious involvement. Learned State counsel opposes the application on the ground of seriousness of offence. However, considering that the 4 applicant’s implication is mainly based on memorandum statements and no prima facie material of active participation is available, this Court is inclined to grant anticipatory bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant- Ibadul Khan, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on anticipatory 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 their 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 Arpan