Citation : 2026 Latest Caselaw 265 Chatt
Judgement Date : 10 March, 2026
1
2026:CGHC:11438
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No. 333 of 2026
Emran Qureshi S/o Shri Subhan Qureshi, Aged About 34 Years R/o Gali No.
6 Thana Mowa, Raipur, District Raipur C.G. (Full Address Not Mentioned In
Certified Copy Is R/o House No. 1147, V V Vihaar, Aman Nagar, Mowa Gali
VAIBHAV
SINGH No. 6 Thana Mowa, District Raipur C.G. ...Applicant
Digitally signed
by VAIBHAV
SINGH
Date: 2026.03.11
10:37:42 +0530
versus
State Of Chhattisgarh Through Station House Officer Police Station
Ratanpur District Bilaspur C.G. ...Non-applicant
For Applicant : Dr. N.K. Shukla, Senior Advocate, along with
Mr. Dinesh Bole, Advocate
For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
10.03.2026
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.590/2025,
registered at Police Station - Ratanpur District - Bilaspur (C.G.) for the
offence punishable under Sections under Section 4, 6,10 of the C.G.
Agriculture Cattle Preservation Act, and Section 11 of Prevention of
Cruelty to Animal Act 1960.
2. The prosecution story in brief, is that, on 10-09-2025, acting on
information from a confidential source, police intercepted an Eicer
vehicle bearing registration No. CG-04 PT-8078 at NH-130, Belpara,
while it was allegedly transporting cattle illegally from Korba towards
Ratnapur and onward to Uttar Pradesh without valid documents and in
a cruel manner. The driver fled from the spot, and one person present,
Shahrukh Qureshi, was found in the vehicle. On search, 17 cattle
were recovered, comprising 13 buffaloes, 2 buffalo calves, and 2 dead
buffaloes. On the basis of memorandum statements, the
applicant/accused was linked to the transportation of the said cattle,
and Crime No. 590/25 was registered at Police Station Ratanpur for
offences under Sections 4, 6, and 10 of the Chhattisgarh Agricultural
Cattle Preservation Act. He has committed no offence and no criminal
history against him.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case, and
there is not an iota of evidence against the applicant. It is further
submitted that the offences alleged are not punishable with life
imprisonment or imprisonment exceeding ten years. Learned counsel
submits that the provisions of the C.G. Krishak Pashu Parikshan
Adhiniyam, 1959 (Chhattisgarh Agricultural Cattle Preservation Act,
1959), which came into force on 07.08.1959, have been invoked in the
present case, and the said Act was enacted to provide for the
preservation of animals suitable for milch, draught, breeding or
agricultural purposes. It is further submitted that as per the Schedule
of the Act, buffaloes are included within the definition of agricultural
cattle and Section 4 of the Act regulates slaughter of such cattle, while
Sections 6 and 10 provide restrictions on transportation and prescribe
punishment which may extend to three years with fine. Learned
counsel further submits that the FIR dated 10.09.2025 has been filed
in the present case; however, the main accused persons, namely
Anish Qureshi and Shahrukh Qureshi, have already been granted
regular bail by this Hon'ble Court in MCRC No. 9403/2025 and MCRC
No. 833/2026 respectively, and another co-accused Shubhan Qureshi
has been granted anticipatory bail in MCRC (A) No. 212/2026. It is
also submitted that the applicant is a permanent resident within the
State of Chhattisgarh and there is no likelihood of absconding, and the
applicant is ready to cooperate with the trial. Hence, on the ground of
parity and considering the facts and circumstances of the case, the
applicant may kindly be granted bail.
4. On the other hand, learned State counsel opposes the anticipatory
bail application of the present applicant and submits that the applicant
has two previous criminal antecedents; therefore, he is not entitled to
the grant of bail.
5. I have heard learned counsel for the parties and perused the case
diary.
6. Considering the facts and circumstances of the case, the submissions
advanced by learned counsel for the parties, the nature of the dispute
and the material available on record, and further taking into
consideration the fact that the main accused persons, namely Anish
Qureshi and Shahrukh Qureshi, have already been granted regular
bail by this Court in MCRC No. 9403/2025 and MCRC No. 833/2026
respectively, and another co-accused Shubhan Qureshi has been
granted anticipatory bail by this Court in MCRC (A) No. 212/2026, this
Court is inclined to extend the benefit of parity to the present
applicant. Accordingly, without expressing any opinion on the merits of
the case, this Court finds it appropriate to allow the application.
Hence, the application for anticipatory bail is allowed.
7. Accordingly, the instant MCRCA is allowed and it is directed that in
the event of arrest of the applicant - Emran Qureshi, on executing a
personal bond and one 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 verified by the trial Court.
(e) he shall not involve himself in any offence of similar nature in future.
Sd/-
(Ramesh Sinha) CHIEF JUSTICE
Vaibhav
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