Ritesh Jajodia S/o Late Shri Ashok Jajodia, Aged About 42 Years, R/o House No v. (C.G.) ... Non
Case Details
1 2025:CGHC:1234 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 59 of 2025 Ritesh Jajodia S/o Late Shri Ashok Jajodia, Aged About 42 Years, R/o House No. 80, Juni Line, Near Mittal Nursing Home, Ward No. 19, Tehsil and District Bilaspur (C.G.) ... Applicant State of Chhattisgarh Through Police Station Sakri, District Bilaspur versus (C.G.) ... Non-Applicant PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.09 11:07:36 +0530 For Applicant
Legal Reasoning
: Mr. Manoj Paranjpe, Advocate. For Non-Applicant/State : Mr. S.S. Baghel, Dy. Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 08/01/2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 882/2024, registered at Police Station – Sakri, Bilaspur, District- Bilaspur (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 340(2), 61(2)(a) and 238 of Bharatiya Nyay 2 Sanhita, 2023 (in short ‘B.N.S.’) (corresponding Sections 420, 467, 468, 471, 120-B and 201 of Indian Penal Code. 2 The case of the prosecution, in brief, is that the F.I.R. of the incident was lodged on the instance of Ashwani Kumar Kunwar, Tehsildar Sakri, Bilaspur (C.G.). The F.I.R. of the incident was lodged on 11.11.2024 inter alia on the allegations that, one Ramsai Ram have committed fraud by uploading fake e-registry papers for transfer of land situated at Village Sakri, P.H.No. 45, Khasra No. 781/9/a, area 0.06 acres, and having registered the same in his own name. The aforesaid land belonged to one Smt. Asha Singh who hasn't sold the land to anyone but according to the registered sale deed, the said land has been purchased by Ramsai Ram and was uploaded in the Citizen Portal the online Bhuiya App for the transfer proceedings. When the complainant sought information from Sub Registrar Office Bilaspur regarding the said uploaded document, it was found that the Sub Registrar Office Bilaspur had not registered any such document, hence the ID, document number and date were all fake and wrong. No such document was submitted for registration on the said date and e-registration ID series itself was completely wrong. The complainant submitted an application to cancel the transfer proceedings and take appropriate action against the guilty person. After investigating the records, it was found that the signature was unclear and the buyer Ramsai Ram has fabricated a fake sale deed and fake e-registration ID, and thus the crime has been 3 committed. The complaint has been made by the Tehsildar and by named F.I.R has been lodged on 11.11.2024. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant is running a business of selling construction and building materials and this is the first incident wherein he has been falsely implicated. He further submitted that the allegation against the present applicant is that he was the partner of the primary accused i.e. Ramsai Ram. He later submitted that no material has been collected by the Police to show that the applicant was aware that Ramsai Rai is dealing with forged documents and has got his name registered in the records fraudulently. He later submitted that in the present case, co-accused person, namely, Jitendra Singh Rathore has already been granted bail by this Court vide order dated 02.01.2025 passed in MCRC No. 8983/2024. Further, the applicant has five previous criminal antecedents registered in Crime No. 878/2024, 879/2024, 880/2024, 881/2024 and 882/2024, further the charge- sheet has been filed and the applicant is in jail since 14.11.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. 4 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that no material has been collected by the Police to show that the applicant was aware that Ramsai Rai who is the main accused is dealing with forged documents and has got his name registered in the records fraudulently, further the co-accused person, namely, Jitendra Singh Rathore has already been granted bail by this Court vide order dated 02.01.2025 passed in MCRC No. 8983/2024 and the applicant has five previous criminal antecedents, the charge-sheet has been filed and he is in jail since 14.11.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Ritesh Jajodia, involved in Crime No. 882/2024, registered at Police Station – Sakri, Bilaspur, District- Bilaspur (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 340(2) and 61(2)(a) and 238 of Bharatiya Nyay Sanhita, 2023 (in short ‘B.N.S.’) (corresponding Sections 420, 467, 468, 471, 120-B and 201 of Indian Penal Code, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the 5 effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against his, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 6 recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against his in accordance with law. 8 Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Preeti Sd/- (Ramesh Sinha) Chief Justice