Allowed

Narayan Kumeti v. State of Chhattisgarh

Chhattisgarh HC28 Jan 2022MCRCA/1576/2021

Case brief

AI extract

What is this about?

This High Court order granted a first anticipatory bail application under Section 438 Cr.P.C. The applicant, facing charges under the Chhattisgarh Agriculture Cattle Preservation Act, argued for bail based on the release of a co-accused on parity. The court noted a significant delay in the FIR and permitted bail subject to personal bond and sureties.

What did the court decide?

Application allowed; refrained on personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each for release on bail if arrested.

Narayan Kumeti Vs State of Chhattisgarh — Anticipatory Bail | Chhattisgarh HC (2022)

¶1

Page 1 of 3

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

Proceeding Through Video Conferencing

¶5

MCRCA No. 1576 of 2021

¶6

Narayan Kumeti S/o Karveram, Aged About 55 Years, R/o Village Tahkal, Tahsil Antagarh, District North Bastar Kanker, (C.G.) .

¶7

---- Applicant

¶8

Versus

¶9

State Of Chhattisgarh, Through Station House Officer, At Police Station Antagarh, District North Bastar Kanker (C.G.).

¶10

---- Non-Applicant/State

¶11

For Applicant : Mr. Rajkumar Pali, Advocate For State : Mr. Shrestha Gupta, P.L .

¶12

Hon'ble Justice Shri Gautam Chourdiya Order on Board

¶13

28/01/2022

¶14

1. The applicant has preferred this First Bail Application under Section 438 of Cr.P.C. as he is apprehending his arrest in connection with Crime No. 89/2021 registered at Police Station Antagarh, District North Bastar Kanker (C.G.) for the offence punishable under Section 4, 6 & 10 of the Chhattisgarh Agriculture Cattle Preservation Act, 2004 Cruelty to Animals Act.

¶15

1. Case of the prosecution, in brief, is that on 08/11/2021, the complainant lodged a written report stating that prior to one month of date of incident i.e., on 03/09/2021 at 10 P.M. coaccused persons namely; Siyaram Dhruv, Manikram Kumeti, Bhanu Salam, Sanauram and Jalsingh were taking one ox in the tractor of the present applicant from house of Laxminath and after cutting the ox they distributed the meat among themselves, on the basis of which crime was registered and applicants were arrested .

¶16

Page 2 of 3

¶17

1. Learned counsel for the applicant submits that the applicant is innocent persons and have been falsely implicated in this case. He submits that similarly situated co-accused Champa Lal Mandavi has already been granted regular bail by the Coordinate Bench of this Court vide order dated 17/12/2021 passed in MCRC No. 9112/2021. He submits that the applicant has no criminal antecedents and there is no apprehension of the applicant tampering with the evidence or absconding and trial is likely to take some time for its disposal due to COVID-19 Pandemic. Therefore, the applicant be released on bail on ground of parity.

¶18

1. On the other hand, learned counsel for the respondent/State opposes the bail application. However, he submits that the applicant has no criminal antecedents.

¶19

1. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the fact that incident took place on 03/09/2021 whereas the report was lodged on 08/11/2021, there is no explanation offered for such long delay in lodging of the FIR, no custodial interrogation of applicant is required, though the matter is under investigation, however, applicant has no criminal antecedents and there is no apprehension is shown by the State Counsel of his absconding or tampering with or influencing the witnesses, in particular the fact that co-accused has already been released on bail by the Co-ordinate Bench of this Court, without commenting anything on merits of the case, this Court is of the opinion that present is a fit case for granting anticipatory bail to the applicant. Accordingly, the application is allowed.

¶20

1. It is directed that in the event of arrest of the applicant in connection with the aforesaid crime, he shall be released on bail by the Arresting Officer on his furnishing a personal bond for a sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the Arresting Officer. Applicant shall be

¶21

Page 3 of 3

¶22

released on bail on the following conditions:-

¶23

i. he shall make himself available for interrogation before the Police as and when required,

¶24

ii. 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 or to the Investigating Officer,

¶25

iii. he shall not act in any manner which will be prejudicial to fair and expeditious trial, and

¶26

iv. he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

¶27

v. he shall strictly follow the COVID-19 protocol issued by the Central Government / State Government / Local Authority.

¶28

vi. he shall not involve himself in any offence of similar nature in future.

¶29

Let a copy of this order be forwarded to the concerned Police Station forthwith who shall inform the trial Court in the event of applicant involving himself in similar offence in future.

¶30

-Sd/-

¶31

(Gautam Chourdiya) Judge

¶32

Chandrakant

Narayan Kumeti v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Narayan Kumeti v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kislay Kishor Gupta Vs Smt. Juli Kumar Gupta

Devilal Banjare Vs State of Chhattisgarh

Shailesh Gupta Vs the State of Chhattisgarh

Smt. Shakina Bibi Vs the State of Chhattisgarh

Ravindra Singh Vs State of Chhattisgarh

Babbu Khan Vs State Of Chhattisgarh