Chattisgarh High Court
Suresh Kumar Dagla vs State Of Chhattisgarh on 10 March, 2025
Author: Narendra Kumar Vyas
Bench: Narendra Kumar Vyas
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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
... Applicant
versus
State of Chhattisgarh Through- Station House Officer City Lailunga
District- Raigarh ( C.G.).
... Respondent
For Applicant : 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
Digitally
complaint before Judicial Magistrate First Class Ghargoda under Section
signed by
SANTOSH
SANTOSH KUMAR
KUMAR
SHARMA
SHARMA
Date:
2025.03.11
156(3) CrPC with an allegation that the applicant obtained a temporary
10:49:45
+0530
2Caste 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,
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
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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
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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. I have heard learned counsel for the parties and perused the case diary.
6. 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
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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.
Sd/-
(Narendra Kumar Vyas)
Judge
Santosh