Anticipatory bail granted on ground of parity where accused was implicated solely through co-accused's memorandum statement.

On September 10, 2025, police intercepted an Eicher vehicle (CG-04 PT-8078) at NH-130, Belpara, allegedly transporting 17 cattle (including buffaloes and calves) in a cruel manner toward Uttar Pradesh without documentation.

While the driver fled, one Shahrukh Qureshi was apprehended at the spot.

The applicant, Zeeshan Qureshi, was subsequently linked to the crime solely based on the memorandum statement of the co-accused.

Consequently, Crime No. 590/2025 was registered at Police Station Ratanpur for violations involving illegal cattle transport.

The applicant sought anticipatory bail, contending false implication and citing parity with a co-accused already granted bail.

The State opposed the application, noting the applicant had two criminal antecedents.

1. Whether the applicant is entitled to the grant of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, based on the principle of parity and the nature of evidence.

The Court applied Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (successor to Section 438 CrPC) regarding anticipatory bail.

Substantive charges were considered under Sections 4, 6, and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004, and Section 11 of the Prevention of Cruelty to Animals Act, 1960.

The Court also relied on the principle of judicial parity, noting that a similarly situated co-accused had been granted relief in MCRCA No. 212 of 2026.

The Court evaluated the allegations in light of the materials placed on record and the specific nature of the applicant's involvement.

It observed that the applicant’s name surfaced primarily through the memorandum statement of a co-accused, which weakens the immediate evidentiary link for the purpose of detention.

Despite the State's objection regarding the applicant's two criminal antecedents, the Court prioritized the fact that another co-accused in the same crime had already been granted anticipatory bail by the Court on February 10, 2026.

By applying the doctrine of parity to the facts, the Court determined that the applicant was entitled to similar protection, provided stringent conditions were imposed to ensure cooperation with the trial.

The Court held that in the event of arrest, the applicant shall be released upon executing a personal bond with one surety.

The relief was granted subject to conditions including: non-interference with witnesses, regular appearance before the trial court, submission of Aadhaar documentation, and a prohibition against committing similar offences in the future.