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2026 DAILYLAW 2445 (CHH)

NAIM AHMAD v. STATE OF CHHATTISGARH

MCRCA/183/2026 · 2026-02-03

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Judgment text

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1 2026:CGHC:6376 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 183 of 2026 • Naim Ahmad S/o Mustakim Ahmad, Aged About 35 Years R/o Ward No. 68 Agroha Society Raipura, District Raipur C.G. ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station D D Nagar, Raipur District Raipur C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Dr. N.K.Shukla, Advocate For Respondent/State : Mr. Soumya Rai, Dy.G.A. Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/02/2026 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.570/2025 registered at Police Station – D.D. Nagar, District- Raipur (C.G.) for the offences punishable under Sections 4, 6, 10 of Chhatisgarh Agricultural Cattle Preservation Act 2004 and 11(1)(d) and 11(1)(m) of Prevention of Cruelty to Animal Act,1960. 2. As per Case of the prosecution on the applicant is carrying dairy business for last twenty-five years and therefore, he is required to purchase milk cattle and therefore, he purchased 45 she buffaloes VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.05 15:27:06 +0530 2 and one male buffalo from Sudama Yadav on 29.11.2025 and out of these 45 cattles, the applicant was transporting 12 she buffaloes and one male buffalo from Kotra Bhata to his dairy farm through truck of one transporter (Driver name is Deepak Sharma) while checking near Sarona Chowk that all 13 buffaloes were not kept in good conditions and during enquiry it was found that buffaloes the belongs to the applicant Naim Ahmad and he applicant has agreed to purchase 46 buffaloes from one Sudama Yadav and during this transaction he has transported 13 buffaloes and the incident took place even the applicant was not present at the place of incident however only during investigation his name transpired as a owner of the buffaloes. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant has no involvement in the alleged offence. It is contended that the applicant had purchased 45 female buffaloes and one male buffalo from Sudama Yadav on 29.11.2025. Out of the said cattle, the applicant was transporting 12 female buffaloes and one male buffalo from Kotra Bhata to his dairy farm through a truck belonging to a transporter, driven by one Deepak Sharma. During checking near Sarona Chowk, it was alleged that the said 13 buffaloes were not being kept in proper condition. Upon enquiry, it was found that the buffaloes belonged to the applicant, Naim Ahmad, who had agreed to purchase a total of 46 buffaloes from Sudama Yadav, out of which only 13 were being transported at the relevant time. It is further submitted that the applicant was not present at the place of the alleged incident, therefore he prays for anticipatory bail to the applicant. 3 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that applicant has one criminal antecedent of similar nature. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, allegation levelled against the present applicant, also considering the fact that applicant has only one criminal antecedent, as such, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Naim Ahmad on executing a personal bond and 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 along with a coloured 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