Anticipatory bail granted for cattle preservation offences citing parity and lack of custodial interrogation necessity.

The applicant, Sanjay Banjare, sought anticipatory bail regarding Crime No. 19/2026 registered at Police Outpost Baijalpur

The prosecution alleged that on February 17, 2026, the complainant observed several individuals cruelly driving 13 buffaloes toward Bodla without food or water

While two accused were arrested and the buffaloes seized, the applicant apprehended arrest based on his alleged involvement

The applicant contended he was falsely implicated due to his relationship with co-accused Shobharam and Dilip Banjare, who had already been granted bail by the trial court upon producing valid purchase receipts for the animals

He argued the buffaloes were intended for agricultural transportation (sugarcane carts), not slaughter, and that custodial interrogation was unnecessary

Whether the applicant is entitled to anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in light of the principle of parity and the nature of the allegations

Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides for the grant of bail to persons apprehending arrest

Sections 4, 6, and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004, and Section 11 of the Prevention of Cruelty to Animals Act

Judicial principle of parity regarding the treatment of co-accused in bail matters

The Court’s reasoning centered on the specific circumstances of the case and the status of the co-accused. It noted that the primary co-accused had already secured bail by providing evidence of lawful purchase for agricultural use

The Court observed that since the buffaloes had already been seized by the police, the need for custodial interrogation was significantly diminished

The Court highlighted that the trial and investigation were likely to be time-consuming

Without commenting on the ultimate merits of the case, the Court found that the nature of the allegations and the fact that the applicant is a permanent resident willing to cooperate with the investigation justified the exercise of discretion in his favor

It directed that in the event of arrest, the applicant be released on bail upon executing a personal bond and one surety to the satisfaction of the arresting officer

The holding was subject to several conditions: the applicant must not induce or threaten witnesses [para. 7(a)], must appear for all trial dates [para. 7(c)], must verify his identity via Aadhaar [para. 7(d)], and must not commit similar offenses in the future