Bail granted on parity for cattle preservation offenses as charge-sheet filed and co-accused already released.

The applicant, Irfan Qureshi, was arrested on 22.01.2026 in connection with Crime No. 590/2025.

On 10.09.2025, police acted on secret information regarding vehicle no. CG04PT8078, which was allegedly transporting 17 cattle (including 2 dead) without food or water.

The applicant filed this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking regular bail after the charge-sheet was filed.

1. Whether the applicant is entitled to regular bail on the grounds of parity and the duration of his incarceration.

2. Whether the existence of a single criminal antecedent is sufficient to deny bail when investigation is complete.

The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court’s power to grant bail.

Substantive charges were governed by Sections 4, 6, and 10 of the C.G. Agricultural Cattle Preservation Act, 2004, and Section 11 of the Prevention of Cruelty to Animals Act, 1960.

The court also applied the doctrine of parity, citing prior bail orders in *MCRC No. 9403 of 2025* and *MCRC No. 833 of 2026* involving co-accused persons in the same crime.

Procedural conditions for bail release were governed by Sections 269, 84, and 351 of the BNSS and Section 209 of the Bharatiya Nyaya Sanhita (BNS).

The Court weighed the gravity of the allegations against the fact that the investigation was complete and a charge-sheet had already been filed.

Although the State counsel opposed bail citing one criminal antecedent, the Court noted that the applicant had been in jail since 22.01.2026 and that the trial was likely to be prolonged.

Crucially, the Court found that since co-accused persons had already been granted bail by the same Court in January 2026, the applicant was entitled to similar relief on the ground of parity.

The Court determined that the applicant's presence during trial could be secured through specific restrictive conditions rather than continued incarceration.

The holding answered the issue of parity in the affirmative, noting that neither the nature of the allegations nor the single antecedent outweighed the right to liberty pending a lengthy trial.

The release is subject to conditions including: non-seeking of adjournments, mandatory attendance at specific trial stages (framing of charges/Section 351 BNSS statements), and strict compliance with Section 269 of the BNS regarding absence.