MCRCA/1594/2026 of ASFAQ ANSARI Vs STATE OF CHHATTISGARH on 6 October 2026

1. Applicant has preferred this application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail as he apprehends his arrest in connection with Crime No. 0071/2026 registered at Police Station – Narayanpur, District - Jashpur (C.G.) for the offence punishable under Sections 4, 6 & 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004.

2. Case of the prosecution, in brief, is that on 30.07.2026, on the basis of information received from an informer, a vehicle bearing registration No. JH-07-L-9794 was found parked at a secluded place near the hillside of Village Kharwatoli, covered with a tarpaulin. Upon inspection, three cattle, namely, two heifers and one cow, collectively valued at Rs.15,000/-, were found tied inside the vehicle. The driver fled from the spot and could not be identified. Accordingly, F.I.R. No. 0071/2026 was registered under Sections 4, 6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004 against the unknown driver. Subsequently, the registered owner of the vehicle, Susit Khalkho, stated that he had handed over the vehicle to the present applicant on 27.07.2026 by way of pledge. On the basis of the said statement, the applicant has been implicated in the present crime.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He further submits that the applicant has been implicated solely on the basis of the written reply submitted by Susit Khalkho, the registered owner of the vehicle in which the police found three cattle. There is no written deed or document evidencing the handing over of the vehicle to the applicant prior to the date of the incident. He further submits that the applicant has no criminal antecedents. Therefore, applicant may be granted the benefit of anticipatory bail.

4. Learned State Counsel opposes the submissions made by learned counsel for the applicant and submits that there is a written document in the form of a letter submitted by Susit Khalkho, the former registered owner of the vehicle, stating that he had handed over the vehicle to the applicant for a sum of Rs.60,000/- by way of mortgage, two days prior to the incident. He further submits that a document to this effect was executed on 31.07.2026, on the next day of incident. However, he could not dispute the submission of learned counsel for the applicant that the applicant has no other criminal antecedents.

5. I have heard learned counsel for the respective parties.

6. On due consideration of the facts and circumstances of the case, the nature of the allegations, and the submissions of learned counsel for the parties, and further considering that there is no document to show that the applicant was in possession of the vehicle pursuant to any written deed of prior to accident or that he was found in possession of the vehicle at the time of the incident, without commenting anything on the merits of the case, I am inclined to allow this anticipatory bail application.

7. Accordingly, application is allowed and it is directed that in the event of arrest of applicant in connection with the crime in question (0071/2026), he shall be released on anticipatory bail by the Officer arresting him on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned arresting Officer. Applicant shall also abide by the following conditions:

(i) that the applicant shall make himself available for interrogation before the Investigation Officer as and when required;

(ii) that 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/her from disclosing such facts to the Court or to any police officer;

(iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and

(iv) that 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.

8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu)

JUDGE vaibhav