Chhattisgarh High Court

Anticipatory bail granted on grounds of parity for alleged violations of cattle preservation and cruelty laws.

MOHAMMAD ASADRAJA ALIAS FENKU vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: April 23, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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.1

The 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. 2

Upon being intercepted by a cow vigilante group, the accused persons fled the scene

Source reference: para. 2

The 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. 3
02

Issues

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. 6
03

Law Applied

The Court applied the provisions of Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (governing anticipatory bail)

Source reference: p.1

Substantive 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.1-2

The court also relied on the judicial principle of parity in bail matters

Source reference: para. 6
04

Reasoning

The Court examined the facts of the case alongside the procedural history of the co-accused

Source reference: para. 6

It noted that the main accused, Heeralal Yadav, had already been granted regular bail

Source reference: para. 3

Furthermore, 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. 3

Given 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. 6
05

Holding

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. 7
Chhattisgarh High Court

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MOHAMMAD ASADRAJA ALIAS FENKUvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · April 23, 2026

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