Extracted from the PDF above. The PDF is authoritative.
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CGHC010305612026
2026:CGHC:35336
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1298 of 2026 Shami Hussain Son Of Md. Amanullah, Aged About 20 Years Resident Of Village Bandega Post Bandega Sub-District Talasara District Sundargarh (Odisha) ... Applicant
versus State Of Chhattisgarh Through - Station House Officer, Police Chauki - Kotba, Police Station - Bagbahar District Jashpur (C.G.) ... Respondent For Applicant : Mr. Ashish Gupta, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 11.08.2026
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.25/2026 registered at Police Station – Bagbahar District - Jashpur (C.G.) for the offences punishable under Section 4,10 and 5 of the C.G. Krishak Pashu Parirakshan Adhiniyam 2004. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.12 11:16:47 +0530
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2. The prosecution story in brief is that on 20.03.2026 police have received information from the informant that the co-accused has transported the beef in alto car bearing registration No. OR14 G 3271 on the basis of above information police has arrested them along with cattle and crime has search the car and found 60 Kg Beef from the illegal possession of the other co- accused person and police has arrested the co-accused namely Jeeshan and during the course of investigation police has recorded the memorandum statement of co- accused applicant has been implicated and crime has been registered against the applicant
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case; that the applicant had no involvement in transporting the beef to the slaughterhouse and that no beef was recovered from his possession; that the applicant has been arrayed as an accused merely on the basis of suspicion and was not present at the place of occurrence; that the alleged beef was recovered from the possession of another co-accused and did not belong to the applicant; that similarly situated co-accused Jeeshan Hussain has already been granted bail by this Court vide order dated 20.07.2026 passed in M.Cr.C. No. 4196/2026, and therefore, the applicant is also entitled to the benefit of parity; and that the applicant is a reputed person and his arrest would cause serious prejudice to his reputation. On these grounds, learned counsel for the applicant prays that the applicant may kindly be granted bail.
4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant.
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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 the parties, and the fact that similarly situated co-accused Jeeshan Hussain has already been granted bail by this Court vide order dated 20.07.2026 passed in M.Cr.C. No. 4196/2026, the applicant is entitled to the benefit of parity, without expressing any opinion on the merits of the case, this Court is of the considered view that the applicant has made out a fit case for grant of anticipatory bail. Accordingly, the application is allowed.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Shami Hussain, 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. (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
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Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav