Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:39521
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1187 of 2025 Sudhir Kumar Manek S/o Late Shri Madhukant Ji Manek (Sudhir Manek & Sons Huf) Aged About 50 Years R/o Gurukripa Raipur Naka, G.E. Road, Distt. Rajnandgaon (Chhattisgarh)
... Applicant versus State of Chhattisgarh Through Police Station Kotwali, Distt. Rajnandgaon (Chhattisgarh)
... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-Applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. For Objector : Mr. Ravi Kumar Tandon, Advocate. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 07.08.2025
1. 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. 305/2025 registered at Police Station – Kotwali, District – Rajnandgaon (C.G.) for the offences punishable under Sections 61(2), 316(2), 316(5) of the Bhartiya Nayay Sanhita, 2023. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.08 15:46:25 +0530
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2. As per the case of the prosecution, a written complaint was received from one Pramila Jureshia, Deputy Forest Range Officer, alleging that during the period from 26.05.2022 to 29.06.2022, at Bijapur Forest Division, a lot of tendu patta which had been sold to the applicant through auction was stored at Gurukripa Godown. The godown was locked with two separate locks — one key was retained by the applicant, and the other was handed over to the godown in-charge. Due to the applicant’s failure to deposit the fixed purchase amount with the District Union, Bijapur, within the stipulated time, the authorities seized the said godown, and both keys were handed over to the concerned authorities by the godown in-charge. Subsequently, on 24.04.2023, a complaint was made by a news reporter alleging that good quality tendu patta had been replaced with poor quality leaves. In response, a team was constituted to conduct an inspection, which revealed a shortage of tendu patta valued at Rs. 93,34,487/-. Based on this finding, an FIR was registered against the applicant. A copy of the FIR is annexed herewith as ANNEXURE A/2.”
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case.
He submits that the other co-accused persons, namely, Jiwan Lal Deshmukh and Ishwar Sahu have already been granted anticipatory bail by this Court in MCRCA No. 1045 of 2025 and MCRCA No. 1010 of 2025 vide orders dated 17.07.2025 and 11.07.2025 and the present applicant has no criminal antecedents, therefore, he submits that the present applicant is also entitled to be released on anticipatory bail on the ground of parity. 3
4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the bail application of the present applicant. 5. Mr. Ravi Kumar Tandon, learned counsel appearing for the objector, vehemently opposes the anticipatory bail application of the present applicant and submits that the present applicant, in collusion with the other co-accused persons, is alleged to have replaced the original tendu leaves with old, poor-quality leaves, causing loss to the government. Therefore, he is not entitled to the grant of anticipatory bail in the case. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case that in the present case, the co-accused persons, namely, Jiwan Lal Deshmukh and Ishwar Sahu have already been granted anticipatory bail by this Court in MCRCA No. 1045 of 2025 and MCRCA No. 1010 of 2025 vide orders dated 17.07.2025 and 11.07.2025 and the present applicant has no criminal antecedents. Therefore, I am inclined to grant anticipatory bail to the present applicant on the ground of parity. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Sudhir Kumar Manek, 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) he 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 him from disclosing such fact to the Court.
4 (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of his 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) he shall not involve himself in any offence of similar nature in future. Sd/ Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek