Nafr High Court
Case Details
1 2025:CGHC:48053 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1441 of 2025 Ajay Umesh James S/o Shri Henry Chandra James Aged About 60 Years R/o 217 Cms Bai Ka Bagicha,belbag Church Compound, Jabalpur, District : Jabalpur, Madhya Pradesh versus ... Applicant RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN State of Chhattisgarh Through Police Station Civil Line, Raipur, District : Raipur, Chhattisgarh. ... Non-applicant For Applicant
Legal Reasoning
: Mr. Amrito Das, Advocate. For Non-applicant/State : Mr. Swajeet Singh Ubeja, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice 18.09.2025 Order on Board 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. 281/2025 registered at Police Station – Civil Line, Raipur, District : Raipur, (C.G.) for the offences punishable under Sections 34, 420, 467, 468, 471 of Indian Penal Code,1860. 2. As per the prosecution’s case, in brief is that the complainants lodged an FIR against the applicant and certain ofÏce-bearers 2 alleging that they had fraudulently impersonated themselves as members of the Governing Body of the Chhattisgarh Diocese Board of Education. It is alleged that two of the accused falsely claimed to hold the posts of Vice-Chairman and Secretary and, by deceitfully assuming these positions, took various unauthorized decisions. According to the complainants, these accused were never ofÏcially given charge of the governing body, and all decisions taken by them in that capacity were illegal. It is further alleged that, while wrongfully holding these posts, the accused not only registered a false FIR against the complainants in 2024 but also misused the ofÏcial letterhead of the society to pass several orders without any lawful authority. Based on these allegations, an FIR was registered against the applicant on 19.06.2025 for offences punishable under Sections 34, 420, 467, 468, and 471 of the Indian Penal Code, 1860. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He also submits that the FIR does not disclose any specific allegation or active role of the applicant, and even on a plain reading of its contents, no offence is made out against him. It is contended that while the complainants have narrated allegations of impersonation by certain ofÏce bearers of the Governing Body of the Chhattisgarh Diocese Board of Education, there is no material showing the applicant’s involvement. On the contrary, the complainants themselves were previously accused of financial irregularities in the society, which was the subject matter of W.P.(PIL) No. 71/2016, 3 wherein this Hon’ble Court directed an inquiry against them vide order dated 18.11.2022. It is further submitted that due to widespread mismanagement and misuse of ofÏce, the Synod of The Church of North India, New Delhi, dissolved the Governing Body in February 2023 and constituted an ad-hoc committee, which later included two of the complainants as members. He submits that the present FIR has been lodged only to harass and malign the applicant, who, being the Bishop and Chairman of the society managing schools, was earlier falsely implicated in four FIRs registered on the same day, 27.05.2024, in District Jabalpur, Madhya Pradesh, in which the Hon’ble Supreme Court has already granted him bail vide order dated 20.08.2024. Apart from these cases, there are no other criminal antecedents against the applicant. It is further pointed out that three co-accused in the same FIR have already been granted anticipatory bail by this Hon’ble Court vide orders dated 25.07.2025 and 06.08.2025 in MCRC Nos. 1102/2025 and 1193/2025 respectively. Therefore, he submits that the present applicant is also entitled to be released on anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the submission made by the learned counsel for the applicant and submits that the allegations against the applicant are serious, involving fraud, forgery, and impersonation by falsely claiming to be ofÏce-bearers of the Governing Body of the Chhattisgarh Diocese Board of Education. It is contended that the accused not only misused the ofÏcial 4 letterhead of the society to pass unauthorized orders but also registered a false FIR against the complainants in 2024 while deceitfully holding these posts. Therefore, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of allegations, and the material placed on record, it is apparent that no specific overt act has been attributed to the present applicant in the FIR. The allegations primarily relate to certain ofÏce bearers who are alleged to have impersonated themselves as members of the Governing Body, and there is no direct evidence showing the applicant’s involvement. It is also noted that three co-accused in the same FIR have already been granted anticipatory bail by this Court vide orders dated 25.07.2025 and 06.08.2025 in MCRC Nos. 1102/2025 and 1193/2025 respectively. Furthermore, though four FIRs were earlier registered against the applicant on 27.05.2024 in District Jabalpur, Madhya Pradesh, for alleged financial irregularities, the Hon’ble Supreme Court has already granted bail to the applicant in those matters vide order dated 20.08.2024, and apart from these cases, there are no other criminal antecedents against him. Hence, I am inclined to grant anticipatory bail to the present applicant on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ajay Umesh James, on 5 executing a personal bond and 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 him 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 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan