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. 7Acts & Sections Cited
4 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20231
Prevention of Cruelty to Animals Act, 19601
Bharatiya Nyaya Sanhita, 20232
Original Court PDF
MOHAMMAD ASADRAJA ALIAS FENKUvsSTATE OF CHHATTISGARH
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