Anticipatory bail may be granted when the implication of the accused is primarily based on the memorandum statements of co-accused without prima facie evidence of active involvement, even if the accused has prior criminal antecedents.

Order on Board

1. This first anticipatory bail application under Section 4 38 of the Code of Criminal Procedure has been filed by the applicant, who is apprehending his arrest in connection with Crime No.10/2026 registered at Police Station –Chalgali, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 4 , 6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004 read with Section 11(1)(d) of Prevention of Cruelty to Animal Act, 1960 .

2. The prosecution story, in brief, is that on 24.02.2026 at about 11:00 PM, while police were on patrolling duty, they received information regarding illegal and cruel transportation of cattle and buffaloes in pickup vehicles from Pratappur towards a slaughterhouse in Jharkhand. Acting on the said information, the police intercepted and searched the vehicles and found 7 cattle/buffaloes in pickup vehicle No. UP 64 CT 4888 and 6 cattle/buffaloes in another pickup vehicle. Two persons namely Suryajeet Patel and Inullah Ansari were apprehended on the spot. Thereafter, on the basis of their memorandum statements during investigation, the present applicant has also been implicated in the alleged offence.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that though there are three criminal antecedents, in two cases the applicant has already been acquitted, and only one case is pending consideration. It is also submitted that the applicant has no role in the alleged offence and his implication is based on suspicion. Therefore, it is prayed that the applicant be granted the benefit of anticipatory bail.

4. Per contra, learned State counsel opposes the bail application and submits that the applicant is having three criminal antecedents, which shows his involvement in similar nature of activities, out of which only one case is pending and two cases, though stated to be resulting in acquittal, still reflect his antecedent history. It is further submitted that the present case involves serious allegations of illegal transportation of cattle, which is an offence affecting public interest and animal welfare. Learned State counsel contends that the applicant cannot claim clean antecedents and there is likelihood of his involvement in the offence as well as possibility of influencing the investigation if enlarged on bail. Therefore, it is prayed that the bail application be rejected.

5. I have heard learned counsel for the parties and perused the case diary.

6. Heard learned counsel for the parties and perused the case diary. The prosecution case relates to interception of vehicles on 24.02.2026 wherein cattle were found being illegally transported and two persons were apprehended on the spot, while the present applicant has been implicated later on the basis of memorandum statements of co-accused persons. Learned counsel for the applicant submits that he is innocent, has no role in the offence, and out of three criminal antecedents, two cases have resulted in acquittal and one is pending. Learned State counsel opposes the application citing seriousness of offence and antecedents of the applicant. However, considering that implication is mainly based on memorandum statements and there is no prima facie material of active involvement, this Court is inclined to allow the application for anticipatory bail.

7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant- Saidullah Ansari, on executing a personal bond and one suret