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2026 DAILYLAW 2412 (CHH)

MOHD. ANJAR HUSAIN v. STATE OF CHHATTISGARH

MCRCA/140/2026 · 2026-01-27

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Judgment text

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1 2026:CGHC:4731 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 140 of 2026 • Mohd. Anjar Husain S/o Mohd. Islam Ali Aged About 46 Years R/o Village Lodhma, P.S. Kunkuri, Distt. Jashpur, Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through Station House Officer, P.S. Kunkuri, Distt. Jashpur, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Aashish Gupta, Advocate For Respondent/State : Ms. Samiksha Gupta, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 28.01.2026 1. This is first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.248/2025 registered at Police Station –Kunkuri, District - Jashpur (C.G.) for the offence punishable under Section 4, 6,10 of Chhattisgarh Agriculture Cattle Preservation Act. 2. Prosecution case in brief is that that Crime No. 248/2025 has been registered u/s 4, 6, 10 of the C.G. Agriculture Cattle Preservation Act, against the main accused namely Mohd. Kasim and in the memorandum statement of Mohd. Kasim it has been stated that he along with present applicant coming from Behratoli towards VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.29 18:13:39 +0530 2 Pakarkud they have taken 10 number of cattle at Govindpur (Jharkhand) slaughter house. The main accused namely Mohd. Kasim has been granted bail by the learned J.M.F.C. vide order dated 24.12.2025. 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 only on the basis of memorandum statement of the main accused namely Mohd. Kasim, present applicant is falsely implicated in crime in question and main accused has already been granted bail by the learned J.M.F.C. vide order dated 24.12.2025. He further submits that applicant has no previous criminal antecedent, therefore he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel would oppose 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, allegation levelled against the present applicant and further the fact that only on the basis of memorandum statement of the main accused namely Mohd. Kasim, present applicant is falsely implicated in crime in question and main accused has already been granted bail by the lower Court vide order dated 24.12.2025, applicant has no any criminal antecedent therefore, I am inclined to extent the benefit of Section 482 of the B.N.S.S. to the applicant. 3 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Mohd. Anjar Husain 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. (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 vaishali