Anticipatory bail granted to female accused under Agricultural Cattle Preservation Act based on parity and gender.

The Applicant, Sukhbai Miri, sought anticipatory bail regarding Crime No. 61/2026 involving allegations of possessing illegal animal skin and raw cow meat

Following an informant’s tip, police authorities seized 20 kg of raw cow meat allegedly from the Applicant’s possession

The Applicant contended she was falsely implicated, noting that no material was seized from her and that a co-accused, Janaki, had already been granted anticipatory bail by the High Court in a related matter

The State opposed the bail, citing the Applicant’s two criminal antecedents under the Excise Act

1. Whether the Applicant is entitled to the grant of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in light of the principle of parity and her status as a woman

The Court applied Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), which governs the power of the High Court or Court of Session to grant bail to a person apprehending arrest

The court also applied Sections 4, 5, and 10 of the CG Agricultural Cattle Preservation Act, 2004, which prohibit the possession and slaughter of agricultural cattle

The court relied on the principle of parity in judicial discretion, considering the prior release of a similarly situated co-accused

The Court observed that a co-accused, Janaki, had already been extended the benefit of anticipatory bail in M.Cr.C(A) No. 509/2026, creating a ground for parity

Despite the State’s objection regarding the Applicant's prior criminal history under the Excise Act, the Court highlighted that the Applicant is a lady and that the trial is expected to take a considerable amount of time to conclude

By weighing these factors, the Court determined that custodial interrogation was not necessitated at this stage

The Court held that in the event of arrest, the Applicant shall be released on bail upon executing a personal bond and one surety, subject to conditions: (a) no tampering with evidence or witnesses; (b) cooperation with the trial; (c) regular appearance before the trial court; (d) submission of Aadhaar verification; and (e) refraining from committing similar future offences