1 2026:CGHC:8132 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.245 of 2026 Vivek Tiwari S/o Kaushal Prasad Tiwari Aged About 45 Years R/o Chhathwa Talab, Buniyad Nagar, Bhanpuri, Raipur, District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Khamtarai, District Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate through Video Conferencing. For Non-applicant/State : Ms. Nupr Trivedi, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 13.02.2026 1. The Applicant has preferred this 1st anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.02.18 15:43:22 +0530 2 apprehending his arrest in connection with Crime No.1164/2025, registered at Police Station – Khamtarai, District Raipur (C.G.) for alleged commission of offences punishable under Sections 325 & 111 of BNS as also under Section 11 of CG Animal Cruelty Act. 2. The brief prosecution case is that on 01.11.2025, acting on information received from a reliable informer, the police intercepted Truck No. CG-04-JD-9815 at about 4:00 a.m., which was allegedly being used for the illegal transportation of a large number of cattle. On noticing the police barricade, the driver, Umesh Dawde, abandoned the vehicle and fled from the spot, during which approximately five cattle fell from the truck near Village Sankra. An FIR was registered in this regard on 02.11.2025. During investigation, it was revealed from the memorandum statement of a co-accused that the said vehicle belonged to the present Applicant and that his son/co-accused, Vikas Tiwari, was also allegedly involved in the act of cattle smuggling. The prosecution alleges that both were actively participating in the illegal cattle trade. Memorandum statements of the co-accused were recorded and upon completion of investigation, a charge-sheet was filed showing the Applicant as absconding. Based on the said 3 allegation, the aforementioned offences have been registered against the present Applicant. Hence, this application. 3. Learned counsel for the Applicant submits that the Applicant is innocent, has been falsely implicated in the present case and has no connection whatsoever with the alleged incident. It is contended that the Applicant had already sold the implicated truck to the main accused Umesh Dawde on 03.07.2025 through a valid notarized sale agreement and therefore, had no control or involvement in the alleged transportation of cattle. He further submits that the Applicant was neither present at the spot nor named on the basis of any direct evidence and the prosecution case rests solely on statements of co-accused. It is further submitted that the charge-sheet has already been filed, no further recovery or custodial interrogation is required and the Applicant is ready to cooperate with the investigation as and when required. Counsel also points out that the co-accused Vikas Tiwari, has already been granted bail by the learned XII Additional Sessions Judge, Raipur, vide order dated 21.11.2025 in B.A. No. 3451/2025, therefore, the present Applicant may also be granted anticipatory bail on the grounds of parity. 4 4. On the other hand, learned State counsel opposes the prayer for anticipatory bail and submits that the allegations against the Applicant are serious in nature and the material collected during investigation prima facie indicates his involvement in the illegal transportation of cattle. It is contended that the vehicle used in the commission of the offence is linked to the Applicant and that his custodial interrogation may be necessary for a proper and effective investigation, therefore, the Applicant is not entitled to the discretionary relief of anticipatory bail and the application may be rejected. 5. Upon hearing learned Counsel for the parties and considering the material available in the case diary, this Court notes that although the Applicant contends that he had sold the implicated vehicle prior to the incident and was neither present at the spot nor directly involved in the alleged offence, the prosecution material prima facie links the vehicle to the Applicant and attributes involvement on the basis of statements recorded during investigation. Further considering that the investigation is still in progress and the seriousness of the allegations relating to illegal transportation of cattle and the requirement of a thorough and effective investigation, this Court is not inclined to grant the 5 discretionary relief of anticipatory bail to the Applicant, at this stage. 6. Accordingly, the bail application of the Applicant – Vivek Tiwari, filed under Section 482 of the BNSS, 2023 in connection with Crime No.1164/2025, registered at Police Station – Khamtarai, District Raipur (C.G.) for alleged commission of offences punishable under Sections 325 & 111 of BNS as also under Section 11 of CG Animal Cruelty Act, is hereby rejected. 7. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya