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2026 DAILYLAW 6156 (CHH)

GOUTAM KUMAR SINGH v. STATE OF CHHATTISGARH

MCRCA/544/2026 · 2026-04-12

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Judgment text

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1 2026:CGHC:16947 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 544 of 2026 • Goutam Kumar Singh S/o Shri Ram Pravesh Singh Aged About 38 Years R/o- Quarter No.- 114, Ward No.- 07, Minors Colony, Bishrampur, Police Station And Tehsil- Bishrampur District- Surajpur Chhattisgarh ... Applicant(s) versus • State of Chhattisgarh Through The Station House Officer, Police Station Simga, District- Balodabazar-Bhatapara, Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Sanjay Pathak, Advocate For Respondent(s) : Mr Shubham Bajpai, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 13.04.2026 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.195/2021, registered at Police Station – Simga, District- Balodabazar-Bhatapara (C.G.) for the alleged commission of offence punishable under Section 4, 6, 7, 9, 10, 11 of Chhattisgarh Agriculture Cattle Prevention Act, 2004, Section 48, 52 of the Transport of Animal Act, 1978 and Section 49, 49-A, 50 of Animal Prevention of Cruelty Act, 1960. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.15 18:11:13 +0530 2 2. As per the prosecution’s case, in short, on 12.05.2021, on receipt of credible information from an informer, the police of Police Station Simga intercepted vehicle bearing registration No. CG-15 DG-1635, which was found transporting 35 bull calves from village Bishrampur towards a slaughterhouse; upon stopping and searching the vehicle in presence of witnesses, three persons namely Narendra Masih @ Bilwa, Ashish @ Golu Masih, and Najju Kumar Dhruv were apprehended, and it was found that the animals were being transported in a cruel and inhumane condition, out of which 5 calves were already dead, and the accused persons failed to produce any valid documents or permits and admitted the same in writing, whereupon the animals were unloaded and the vehicle was seized; during investigation, it was revealed that the present applicant/accused had provided the said vehicle for transporting the animals for slaughter, thereby facilitating the commission of the offence, however, he absconded from the date of the incident and could not be apprehended despite efforts, leading to preparation of absconding panchnama and collection of property details, and while charge-sheet No. 162/2021 was filed against the arrested accused persons upon completion of investigation. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is argued by learned counsel for the applicant that applicant has surfaced in the present case solely on the basis of ownership of the vehicle bearing registration No. CG-15 DG-1635, and there is no material on record to establish that the applicant had knowledge or consented to the alleged transportation of animals. The applicant is a transporter by profession and during the COVID-19 period (2020-21), 3 he had handed over the said vehicle to one Salim Qureshi, resident of Raipur, for operational purposes on monthly rent, and the vehicle remained in the possession and control of the said person, thus the applicant had no connection with its day-to-day use. He also submits that the applicant had no knowledge of the alleged incident and did not participate in any proceedings at the relevant time. It is only upon receipt of borrowed the money for the purpose of his work, but when the applicant failed to return the money, the FIR has been lodged by the complainant in the year 2021 and no reason has been mentioned with regard the delay in lodging the FIR. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, the learned State counsel opposed the submission made by the learned counsel for the applicant, submitting that FIR of the incident was registered in the 2021 and the charge-sheet has been submitted against the applicant as an absconder and charge sheet was filed showing him as absconding. He further submits that the applicant has been absconding since the date of registration of the offence. He also submits that the animals were being transported in a cruel and inhumane condition, out of which 5 calves were already dead, and the accused persons failed to produce any valid documents or permits and admitted the same in writing, whereupon the animals were unloaded and the vehicle was seized; during investigation, it was revealed that the present applicant/accused had provided the said vehicle for transporting the animals for slaughter, therefore, the applicant is not entitled for grant of anticipatory bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, and the fact that FIR of the incident was registered in the year 2021 and the applicant has been absconding since the incident took place, there is every likelihood, that if he is granted bail, he will abscond again, and further, hamper the trial, therefore, I am not inclined to grant regular bail to the present applicant. 7. Accordingly, the anticipatory bail application of the applicant – Goutam Kumar Singh, involved in Crime No. 195/2021, registered at Police Station – Simga, District- Balodabazar-Bhatapara (C.G.) for the alleged commission of offence punishable under Section 4, 6, 7, 9, 10, 11 of Chhattisgarh Agriculture Cattle Prevention Act, 2004, Section 48, 52 of the Transport of Animal Act, 1978 and Section 49, 49-A, 50 of Animal Prevention of Cruelty Act, 1960, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaishali