Chattisgarh High Court
Hemprasad Patel vs State Of Chhattisgarh on 27 January, 2025
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2025:CGHC:4783
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 655 of 2025
1 - Hemprasad Patel S/o Jeevan Lal Patel, Occupation Agriculturist Aged About
62 Years Occupation Agriculturist, R/o Village-Bijni Post- Reda, Tehsil-Dabhra
District Sakti C.G.
2 - Khageshwar Patel S/o Late Sfhivmnandan Patel Aged About 57 Years
Occupation Agriculturist, R/o Village-Bijni Post- Reda, Tehsil-Dabhra District
Sakti C.G.
3 - Ghasilal Patel S/o Late Jeevan Lal Patel Aged About 68 Years Occupation
Agriculturist, R/o Village-Bijni Post- Reda, Tehsil-Dabhra District Sakti C.G.
4 - Devnarayan Patel S/o Raghunath Patel Aged About 46 Years Occupation
Agriculturist, R/o Village-Bijni Post- Reda, Tehsil-Dabhra District Sakti C.G.
... Applicants
versus
State Of Chhattisgarh Through Station House Officer Police Station Dabhra,
District-Sakti C.G.
... Non-applicant
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For Applicants : Mr. Abhishek Sinha, Senior Advocate assisted by
Mr. Robin A. Lall, Advocate.
For Non-applicant : Mr. Keshav Prasad Gupta, Govt. Advocate.
For Complainant / Objector
: Mr. Punit Ruparel, Advocate.
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Hon’ble Mr. Justice Naresh Kumar Chandravanshi
Order on Board
27/01/2025
1. This is first bail application filed by the applicants under Section 483 of the
Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of bail as they have been
arrested in connection with Crime No. 323/2021 registered at Police Station
Dabhra, District Sakti for commission of offence punishable under Section 420,
467, 468, 471,120-B and Section 201 of the Indian Penal Code.
2. Case of the prosecution, in brief, is that applicants in collusion with the
revenue officers fraudulently got their names mutated on the basis of un-
registered sale-deed by manipulating the revenue record in relation to the
alleged land total Khasra No. 13, total area 6.48 acres situated at village
Redepara, Tahsil Dabhra, District Janjgir-Champa and thereby committed fraud
and cheating against the complainant. Hence, on the basis of written complaint
filed by complainant Dol Narayan Patel, FIR was registered against the
applicants and co-accused Laxmi Narayan Patel for the offences under Sections
420, 467, 468, 471 and 120-B of the IPC. After due investigation, charge-sheet
for the offences under Sections 420, 467, 468, 471, 120-B & 201 of the IPC has
been filed by the Police in the court of Judicial Magistrate First Class, Dabhra,
District Shakti on 01.01.2025, which is pending consideration.
3. Learned Senior Counsel appearing for the applicants submits that
applicants and complainant belonged to same community and resident of
adjoining village. He further submits that ancestors of complainant Dol Narayan
Patel had sold disputed lands to the applicants, though it was un-registered
documents, but based on that transaction and documents, land was mutated in
the name of applicants in the year 1994. Subsequently, dispute arose between
parties and taking undue advantage of unregistered document, complainant
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made complaint to the Collector and Police, thereafter, instant FIR was lodged
against applicants in the year 2021. It is submitted that even assuming said
mutation on the basis of un-registered document, despite that the act does not
attract criminality, rather such act was got done by the applicants in bonafide
way, as they are illiterate villagers. It is next contended that the applicants are in
detention since 14.12.2024 and charge-sheet has already been filed, therefore,
they may be enlarged on bail.
4. Per contra, learned counsel for the State, who is well assisted by Mr. Punit
Ruprarel, counsel for the complainant/ Objector would submit that applicants
fraudulently got mutated disputed land in their names in the revenue records in
the year 1994 on the basis of illegal documents. It is further contended that the
matter was got enquired by the Collector, Janjgir-Champa from a team of
revenue officials and they have reported that applicants in collusion with the then
revenue officials have manipulated revenue documents and also put forged
signature of the revenue authorities. Even they have also made forged signature
of dead persons. It is next contended that earlier anticipatory bail filed by the
applicants has been rejected by this Court and the same has also been rejected
by Hon’ble Apex Court. Writ petition filed by the applicants for quashment of FIR
has also been rejected. It is further submitted that applicants were not
cooperating with the investigation even after rejecting their anticipatory bail
application by the Apex Court, as applicants were remained absconding and one
accused is still absconding, therefore, bail application filed by the applicants is
liable to be rejected.
5. I have heard learned counsel for the parties and perused the material
available on record alongwith case diary.
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6. Perusal of record shows that earlier M.Cr.C. (A) No. 1085 / 2021 and
M.Cr.C. (A) No. 1199 / 2021 filed by the applicants namely Ghanshilal Patel and
Laxmi Narayan Patel, respectively were rejected by this Court vide common
order dated 23.11.2021.
7. The whole allegations against the applicants are that they got mutated
disputed land in the year 1994 on the basis of forged documents and also by
manipulating documents keeping hand in glove with revenue authorities. During
course of arguments, counsel for both the parties stated that in pursuance of
dispute in respect of disputed land, Civil Suit is already instituted by the
applicants bearing Civil Suit No. 43-A/2021, which is pending consideration
before First Civil Judge, Class-II, Dabhra, District Shakti. Whether in said
transaction, though it is said to be illegal, ingredients of criminality is attached or
not, can be decided during hearing of criminal case at trial. The applicants are in
jail since 14.12.2024. Hence, considering the totality of the facts, this court is of
the view that it is a fit case to release the applicants on bail. Accordingly, the bail
application filed by the applicants is allowed.
8. Accused/applicants are directed to be released on bail on each of them
executing a personal bond in the sum of Rs.25,000/- with one surety in the like
sum to the satisfaction of the trial Court. They are directed to appear before the
trial Court on each and every date given to them by the said Court.
Certified copy, as per rules.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Amit
Digitally signed
AMIT by AMIT
KUMAR DUBEY
KUMAR Date:
DUBEY 2025.01.29
10:26:28 +0530