Facts
The applicant sought anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 275/2025
Source reference: p.1The prosecution alleged that on 09.08.2025, the applicant and others were transporting nine cattle in a pick-up vehicle for slaughter
Source reference: para. 2Upon being intercepted by a cow vigilante group, the accused persons fled the scene
Source reference: para. 2The applicant contended that he was falsely implicated, possessed no criminal antecedents, and sought parity with co-accused persons who had already been granted bail
Source reference: para. 3Issues
1. Whether the applicant is entitled to the protection of anticipatory bail under the principle of parity with co-accused persons who were granted similar relief
Source reference: para. 6Law Applied
The Court applied the provisions of Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (governing anticipatory bail)
Source reference: p.1Substantive charges were perused under Sections 4, 6, and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004; Section 11(1)(a) and (d) of the Prevention of Cruelty to Animals Act, 1960; and Sections 351(3) and 3(5) of the Bhartiya Nyaya Sanhita (BNS)
Source reference: p.1-2The court also relied on the judicial principle of parity in bail matters
Source reference: para. 6Reasoning
The Court examined the facts of the case alongside the procedural history of the co-accused
Source reference: para. 6It noted that the main accused, Heeralal Yadav, had already been granted regular bail
Source reference: para. 3Furthermore, three other co-accused persons—Ravi Yadav, Girdhari Patel, and Raju Kumar Yadav—had been granted anticipatory bail by the High Court in previous applications (MCRCA Nos. 1333, 1409, and 1496 of 2025)
Source reference: para. 3Given that the allegations against the current applicant were similar to those against the already protected co-accused, and in light of the applicant's lack of criminal history, the Court determined that the grounds for parity were satisfactorily established
Source reference: para. 6Holding
The Court allowed the application and granted anticipatory bail to the applicant
The holding directed that in the event of arrest, the applicant be released upon executing a personal bond with two local sureties, subject to conditions: non-interference with witnesses, regular attendance at trial, submission of Aadhaar-verified photographs, and an undertaking not to commit similar future offences
Source reference: para. 7Original Court PDF
MOHAMMAD ASADRAJA ALIAS FENKUvsSTATE OF CHHATTISGARH
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