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2026 DAILYLAW 24571 (CHH)

HEMANT YADAV v. THE STATE OF CHHATTISGARH

MCRCA/999/2026 · 2026-07-01

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Judgment text

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1 2026:CGHC:27236 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 999 of 2026 Hemant Yadav S/o Baisakhu Yadav Aged About 19 Years R/o Village House No. 83, Ward No. 17, Patiya, Tahsil Manora, District Jashpur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through S H O Police Station Sanna, Police Out Post Sonkyari, District Jashpur, Chhattisgarh. ... Respondent For Applicant : Mr. Rishikant Mahobia, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.07.2026 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.48/2026 registered at Police Station – Sanna, District Jashpur, (C.G.) for the offences punishable under Sections 4, 6, 10 of the C.G. Agriculture Cattle Preservation Act, 2004 and Section 3(5) of the BNS, 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.03 12:52:46 +0530 2 2. The prosecution story in brief is that on 27.05.2026, on receipt of a secret information, the police intercepted certain person who were allegedly transporting 6 cattle in a cruel manner through forest routes. During the course of action, one accused person namely Suraj Bhagat was apprehended and certain cattle were seized and during investigation, present applicant has been implicated. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the allegations levelled against the applicant are false, fabricated and unsupported by any cogent material. The applicant has neither committed nor participated in the alleged offence, and the evidence collected during investigation is not sufficient to prima facie establish his involvement. It is further submitted that the name of the applicant does not find place in the FIR and no cattle were seized from his possession; rather, the cattle were allegedly seized from the possession of the co-accused, Suraj Bhagat. The applicant is a farmer by occupation and was not present at the spot at the time of the alleged incident. It is submitted that he has been implicated only during the course of investigation. Learned counsel further submits that the co- accused, Shiv Kumar Yadav, has already been granted bail by the learned Trial Court vide order dated 01.06.2026, and therefore, the present applicant is also entitled to the benefit of parity. It is lastly submitted that the applicant is a permanent resident of Village Patiya, Tahsil Manora, District Jashpur (C.G.), there is no likelihood of his absconding or tampering with the prosecution evidence, and he is ready to furnish adequate surety and abide by all such terms and 3 conditions as may be imposed by this Court. Accordingly, it is prayed that the applicant be enlarged on bail. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the submissions advanced by learned counsel for both parties, the nature of the dispute, and the material available on record, and without expressing any opinion on the merits of the case, this Court is of the view that the applicant has made out a fit case for grant of anticipatory bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Hemant Yadav, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on 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. 4 (d) the applicant and the surety shall submit a copy of his 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/- (Ramesh Sinha) CHIEF JUSTICE vaibhav