Parwati Jaiswal vs State of Chhattisgarh

Ramesh Sinha, CJ

This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 26/2026 registered at Police Station - Raghunathnagar, District Balrampur - Ramanujganj (C.G.) for the offences punishable under Sections 111(1)(2) of the Bhartiya Nyaya Sanhita, 2023 and Section 4, 6, 10 of C.G. Krishak Pashu Parirakshan Adhiniyam, 2005 and 11(1)(D) of Agriculture Cattle Preservation Act, 2004.

According to the prosecution story, in brief, on 29.03.2026, the complainant, namely Vijay Dubey, lodged an FIR before Police Chowki Balangi, Police Station Raghunathnagar, stating that the other co-accused persons were carrying 7 buffaloes and were beating them. Thereafter, Police Station Raghunathnagar registered a case bearing Crime No. 26/2026 for the offences punishable under Sections 111(1) and 111(2) of the BNS Act, 2023, and Sections 4, 6, and 10 of the C.G. Krishak Pashu Parirakshan Adhiniyam, 2005, along with Section 11(1)(d) of the Agriculture Cattle Preservation Act, 2004, against the other co-accused persons. During the course of investigation, the present applicant has also been implicated in the said case.

The learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present offence due to enmity arising out of a land dispute. He also submits that the applicant has no criminal antecedents, therefore, it is respectfully submitted that the entire prosecution case is false and concocted. He further submits that the applicant has not committed any offence as defined under Sections 111(1) and 111(2) of the BNS Act, 2023, and Sections 4, 6, and 10 of the C.G. Krishak Pashu Parirakshan Adhiniyam, 2005, along with Section 11(1)(d) of the Agriculture Cattle Preservation Act, 2004. He further submits that learned trial Court has not properly appreciated and considered the bail application filed by the applicant. The applicant is a lady and has four minor children. If the applicant remains in jail, there will be no one to take care of her children. He submits that the FIR has been lodged against the other co-accused persons by the complainant. The only allegation against the present applicant is that she received some amount from Md. Azad Khan. Hence, he prays for grant of anticipatory bail to the applicant.

On the other hand, learned State counsel, appearing for the non -applicant/State, opposes the bail application of the present applicant.

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

Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature and gravity of the offence, and further taking into consideration the fact that the applicant is a woman having four minor children, has no criminal antecedents, and that the allegations against her are limited in nature, with no direct overt act except the receipt of a certain amount, this Court is of the opinion that custodial interrogation of the applicant is not warranted at this stage. Therefore, without commenting further on the merits of the case, this Court is inclined to grant anticipatory bail to the applicant.

Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Smt. Parwati Jaiswal, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, she shall be released on bail on the following conditions: -

(a) she shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade  her  from  disclosing  such  fact  to  the Court.

(b) she shall not act in any manner which will be prejudicial    to    fair    and    expeditious    trial.

(c) she shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial.

(d) the applicant and the surety shall submit a copy of her adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court.

(e) she shall not involve herself in any offence of similar nature in future.