Nafr High Court
Case Details
1 2025:CGHC:11729 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 851 of 2025 Suresh Kumar Dagla S/o Late Shankarlal Dagla Aged About 52 Years R/o- Lalunga Tehsil And P.S.- Lailunga District- Raigarh versus ... Applicant State of Chhattisgarh Through- Station House Officer City Lailunga District- Raigarh ( C.G.). ... Respondent For Applicant
Legal Reasoning
: Mr. Sanjay Agrawal, Advocate For Respondent/State : Mr. Saneev Pandey, Dy. Advocate General Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 10.03.2025 1. This is the first bail application of the applicant under Section 483 of B.N.S.S., 2023 for grant of regular bail, as he has been arrested on 02.01.2025 in connection with Crime No. 244/2023, registered at Police Station- Lalunga, District Raigarh (C.G.) for the offence punishable under Sections 420,467,468,471 and 120-B of the IPC. Earlier the applicant filed anticipatory bail application which was rejected on 13.03.2024 in MCRCA No. 129 of 2024. 2. Case of the prosecution, in brief, is that complainant Ali Ahmed filed a complaint before Judicial Magistrate First Class Ghargoda under Section 156(3) CrPC with an allegation that the applicant obtained a temporary SANTOSH KUMAR SHARMA Digitally signed by SANTOSH KUMAR SHARMA Date: 2025.03.11 10:49:45 +0530 2 Caste Certificate showing himself to be Scheduled Tribe and used the said certificate for purchase of lands of Tribes at lower price and sold the said lands at higher price to others whereas he did not belong to any tribal community and received amount of compensation of some lands from the Government. It is alleged that on the basis of temporary Caste certificate, the applicant has also obtained dealership of Indian Oil petrol pump under tribal quota. It is also alleged that the applicant obtained temporary caste certificate No. 863A/B-121/04-05 from Nayab Tahsildar Lailunga in 2005 and after expiry of said certificate, the applicant prepared forged caste certificate No. 863/B-121/04-05 which was different from the earlier certificate as the handwriting was different. It is alleged that on verification, High Level Caste Scrutiny Committee found that the applicant belongs to Nayak caste of Rajsthan which is not included in the list of Scheduled Tribe for the State of Chhattisgarh and has rejected the provisional caste certificate of the applicant. Thereafter the victim filed a complaint before Learned Judicial Magistrate First Class Gharghoda under Section 156(3) CrPC which was allowed and directed the Station House Officer Lailunga to register the FIR against the applicant under Sections 120-B, 420, 467,468,471 IPC. 3. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in the case and he has not committed any offence. He would further submit that the father of applicant served in the State services of MP and the Chhattisgarh and retired as Dy. Collector from Jashpur and the caste certificate was issued in the name of his father and said caste certificate was issued by Tahsildar Lailunga but the High Level Caste Scrutiny Committee on the complaint filed by the complainant rejected the caste certificate which is against the 3 gazette notification issued by the Central Government. He would further submit that neither the applicant used the certificate for purchase of the lands nor obtained dealership of petrol pump. He would further submit that the dealership was granted in the year 1995 much prior to issuance of the provisional caste certificate and most of the transactions were done prior to 2005 and he has been implicated on a false case. He would further submit that all the transactions were made on the basis of the then existing market rate and if any property is purchased by the applicant in violation of the provisions of CG Land Revenue Code, 1959 for that purpose the applicant can only be prosecuted under Civil law not under criminal law. He would further submit that there was boundary dispute between the applicant and the complainant and for that the complainant has personal graduge and lodged compliant under Section 156(3) CrPC and the complainant has no locus-standi and has filed the fabricated case against him just to harass the applicant. Learned counsel for the applicant would further submit that there is no evidence on record that the applicant has used the forged document. The applicant is in jail since 02.01.2025, charge sheet has been filed and would pray for releasing the applicant on bail. 4. On the other hand, learned counsel for the State as well as counsel for the objector oppose the application for grant of anticipatory bail and would submit that the applicant knowingly well that he did not belong to tribe community in the State of Chhattisgarh, has prepared the forged temporary Caste certificate and on the basis of that certificate he tried to earn more money and has purchased the lands of tribes in meager amount and sold some of lands to the other persons on higher price. He has also obtained dealership of petrol pump which is for tribal only thus 4 committed the offence against the tribe society. They would further submit that the applicant is a influential person of the area and against him Crime No. 112 of 2022 has already been registered in New Rajendra Nagar Police Station and would pray for rejection of bail application. 5. 6. I have heard learned counsel for the parties and perused the case diary. This Court rejected the anticipatory bail application of the applicant on 13.03.2024 thereafter the applicant filed SLP before the Hon’ble Supreme Court wherein the Hon’ble Supreme Court stayed the impugned order for a period of six months to enable the applicant to wind up his business and remove the installation etc. and also granted liberty to the Oil company to make fresh arrangement for the outlet in question. 7. Considering the fact that the High Power Caste Scrutiny Committee has cancelled the caste certificate issued to the applicant and thereafter Sub Divisional Officer, Gharghoda vide order dated 30.09.2024 allowed the proceeding under Section 170-B of the land Revenue Code and handed over the possession of the lands to original Tribes, further considering the fact that the Indian Oil Company vide order dated 09.07.2024 has stopped the supply of oil to the applicant and suspended his RO with immediate effect and allotted Adhoc dealership to M/s. Kamakhya Fuels, Kosomnara District Raigarh in place of the applicant, abd also considering the fact that the applicant is in jail since 02.01.2025, charge-sheet has already been filed and no custodial interrogation is required further, I am of the view that this is a fit case for grant of bail to the applicant. 8. Accordingly, bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 is allowed and the applicant is directed to be released on bail forthwith. It is directed that the applicant shall be released 5 on bail by furnishing a personal bond for a sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the concerned trial court. He shall appear before the trial court on each and every date given by the said trial court, till disposal of the trial. Santosh Sd/- (Narendra Kumar Vyas) Judge