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2026 DAILYLAW 25819 (CHH)

DILEEP BANJARE v. STATE OF CHHATTISGARH

MCRCA/841/2026 · 2026-07-08

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Judgment text

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1 CGHC010215382026 2026:CGHC:28692 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 841 of 2026 Dileep Banjare S/o Shyam Ji Banjare Aged About 43 Years R/o Mudiyapara, Police Station- Bodla, District- Kabirdham (C.G.) Applicant versus State Of Chhattisgarh Though Station House Officer, Pandatarai, District – Kabirdham (C.G.) ... Non-applicant For Applicant : Mr. Shikhar Agnihotri, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.07.2026 1. This 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. 65/2026 registered at Police Station – Pandatarai, District – Kabirdham (C.G.) for the offence punishable under Sections 4, 6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004, and Section 11 of the Prevention of Cruelty to Animals Act, 1960. 2. The prosecution story, in brief, is that on 12.05.2026 at about 2:00 pm, the complainant Sarpanch Sukhchain Barve, Deputy Sarpanch Panchram Patel, Dinesh Yadav, Badri Nishad, Jhadu Patel, Sadhu Patel, Roop Singh and others stopped a man near Daihan village of Bhalpahari and asked his name and address as the man was taking five cattle from Bhalpahari towards Bodla while beating them with stick. He told his name as Naindas Joshi and told that he was taking the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 cattle on foot from Gondkhamhi without fodder and water, via Pandatarai-Bhalpahari via Bodla to Lalpur towards slaughter house in Madhya Pradesh. He also told that the present applicant/accused Dilip Banjare and one Azad Shah had given him Rs. 2,000/- as wages for bringing the cattle to Lalpur. The present applicant/accused and Azad Shah, were allegedly transporting the cattle from Lalpur to a slaughterhouse in Madhya Pradesh. Naindas Joshi, at the behest of the present applicant and Azad Shah, was transporting the cattle to a slaughterhouse in Madhya Pradesh, on the said complaint by the complainant the said FIR was registered, and the police of the concerned police station arrested the Co-accused Naindas Joshi and Azad Shah and also sought to arrest the applicant in the alleged commission of offence. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. It is further submitted that the applicant has been made accused in the present case only one the basis of conjectures and surmises reflecting from the memorandum statement of the co-accused Naindas, and there is only one criminal antecedent of the applicant. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 3 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, it transpires that the applicant has been made accused in the present case only one the basis of conjectures and surmises reflecting from the memorandum statement of the co-accused Naindas, and there is only one criminal antecedent of the applicant, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Dileep Banjare, 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 themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar