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2025 DAILYLAW 35382 (CHH)

ANUP YADAV v. STATE OF CHHATTISGARH

MCRCA/1092/2025 · 2025-07-23

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Judgment text

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1 2025:CGHC:35848 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1092 of 2025 • Anup Yadav S/o Devki Prasad Vadav Aged About 44 Years R/o Village Lahsunpath, Police Station Shankargarh, District Balampur Ramanujganj C.G. ... Applicant versus • State Of Chhattisgarh Through Forest Range/ Permises Shankargarh, District Balrampur - Ramanujganj C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Akhat Kumar Yadav, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 24.07.2025 1. The applicant has preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending his arrest in connection with P.O.R No.22047/2012, registered at Police Station – Shankargarh, District – Balrampur-Ramanujganj (C.G.) for the alleged commission of offence punishable under Sections 9, 34, 38, 39, 40, 43, 44, 50, 51, 52 and 57 of Wild Life Protection Act. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.31 10:56:57 +0530 2 2. As per the prosecution story, in brief is that, on 28.06.2025 the State label fling Scot team Raipur has caught two persons and seized 6kg of Pangolin skin/pelt, when they are arrested and on the basis of memorandum statement of the co-accused was recorded, present applicant was arrested. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant has neither committed nor participated in any such act, only on the basis of memorandum statement of the co-accused, applicant has been implicated in the crime. He also submits that applicant has no criminal antecedent. Therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant. She further submits that Pangolin skin/pelt was seized from the applicant. Therefore, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and material available on record in the case diary and also considering the fact that that Pangolin skin/pelt was seized from the present applicant, looking to the conduct of the applicant, as such, I am not inclined to grant anticipatory bail to the applicant. 3 7. Accordingly, the anticipatory bail application of the applicant– Anup Yadav, filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in P.O.R No.22047/2012, registered at Police Station – Shankargarh, District – Balrampur-Ramanujganj (C.G.) for the alleged commission of offence punishable under Sections 9, 34, 38, 39, 40, 43, 44, 50, 51, 52 and 57 of Wild Life Protection Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali