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2025 DAILYLAW 6550 (CHH)

SADANAND @ SADANAND MANIKPURI v. STATE OF CHHATTISGARH

MCRCA/181/2025 · 2025-02-03

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Judgment text

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1 2025:CGHC:6112 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 181 of 2025 Sadanand @ Sadanand Manikpuri S/o Late Shri Loknath Aged About 64 Years (In F.I.R. Mentioned As Sadanand Yadav) R/o House No. 80, Ward No. 06, Kanpoda Ramsama, Tah. - Bagicha, Dist- Jashpur (C.G.). ... Applicant versus State of Chhattisgarh Through P.S. - Jashpur, District - Jashpur (C.G.). ... Non-Applicant For Applicant : Mr. Syed Ishhadil Ali and Damrudhar Yadav, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.02.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 301/2024 registered at Police Chowki- Manora, Police Station - Jashpur, District - Jashpur (C.G.) for the offence punishable under Sections 11(1)(a), 11(1) (d), Prevention of Cruelty to Animals Act, 1960 and Sections 4, 6 and 10 Chhattisgarh Agricultural Cattle Preservation Act, 2004 (As per the FIR). 2. The prosecution story, in brief, is that on the basis of secrete information received from mukhbir that some person herding 9-10 animals by PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.02.04 16:18:44 +0530 2 assaulting them and taking them to the slaughter house of Jharkhand and one of the accused named Firdiyus Tirkey Got arrested and on the basis of the memorandum of the accused named Firdiyus Tirkey named of Yusuf Ansari, Salim Qureshi and Sadanand Yadav, and others name were added in FIR and offence against the present applicant registered. But the applicant denied all this led to FIR because present applicant name is not in FIR but still police is searching for him and on the apprehension of the arrest present applicant is filing this application before this Hon'ble Court. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the applicant's identity has not been fixed as his name has come into light in the memorandum statement of the co-accused who has stated that the person involved was Sadanand Yadav whereas the applicant is known as Sadanand @Sadanand Manikpuri and no particulars has been mentioned in the memoradum statement of the co-accused, namely, Firdiyus Tirkey. Further, the applicant has no previous criminal antecedents. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel oppose the bail application. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and the fact that the applicant's identity has not been fixed as his name has come into light in the memorandum statement of the co-accused who has stated that the 3 person involved was Sadanand Yadav whereas the applicant is known as Sadanand @Sadanand Manikpuri and no particularars has also been mentioned in the memoradum statement of the co-accused, namely, Firdiyus Tirkey, further, the applicant has no previous criminal antecedents, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Sadanand @ Sadanand Manikpuri on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) The Applicant 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) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant 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 their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involved herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti