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2025 DAILYLAW 21470 (CHH)

SANTRAM AGARIYA v. STATE OF CHHATTISGARH

MCRC/3725/2025 · 2025-06-08

Shri Deepak Kumar Tiwari

body2025

Judgment text

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1 2025:CGHC:22681 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3725 of 2025 1 - Santram Agariya S/o Majhahiram Agariya Aged About 47 Years R/o Village Ruwaphul, P.S. Kapu, Dist. Raigarh C.G. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer (S.H.O.), P.S. Dharamjaigarh, Dist. Raigarh C.G. (Police Station Wrongly Mention In Order Sheet) ... Non-Applicant For Applicant : Shri Balraj Gupta, Advocate. For Non-Applicant : Miss Anuradha Jain, Panel Lawyer. Hon'ble Shri Deepak Kumar Tiwari, J Order On Board 09/06/2025 1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.154/2023 registered at Police Station Dharamjaigarh, District Raigarh for offence under Sections 419, 420, 467, 468, 471 & 120-B of the IPC. 2. Case of the prosecution is that the present applicant along with Rohitdas Mahant, Tulsi Rathiya and Sangita Nagavanshi hatched a KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2025.06.09 18:33:06 +0530 2 conspiracy and fraudulently sold the land belonging to one Urvashi Gupta, who was impersonated by Sangita Nagavanshi and a sale deed has been executed in favour of Sunil Agrawal. During investigation, it was revealed that from the computer, typewriter and photocopy shop of co-accused Asim Mandal, a forged Aadhar card of the original owner Urvashi Gupta has been prepared. Therefore, the offence as aforesaid has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime. Similarly placed co- accused persons namely, Rohitdas Mahant, Asim Mandal, Amit Tirki & Sangita Nag have already been released on bail vide orders dated 26.9.2023, 17.8.2023, 23.4.2024, & 29.04.2024 passed in MCrC Nos.5404/2023,5579/2023, 2833/2024 & 3003/2024 respectively and the case of the present applicant is similar to them. The present applicant is in jail since 15.6.2024 and the offences are triable by the JMFC. Considering these aspects, the applicant may be released on bail. 4. On the other hand, learned State Counsel would oppose the bail application. She submits that the present applicant is the main accused and he is one of the witnesses to the sale deed. She further submits that there is one previous antecedent against the applicant vide Crime No.155/2024, which is pending before the JMFC. 5. Replying the aforesaid submission, counsel for the applicant submits that in the pending case No.155/2024, the applicant has already been released on bail. 6. Considering the submissions of the parties, particularly considering the nature of the offence, the other co-accused persons have already been 3 released on bail, the role attributed to the present applicant, looking to the length of pre-trial detention and that the offences are triable by the JMFC, this Court is inclined to release the applicant on bail. 7. Accordingly, the Application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.1 lakh with 2 sureties for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. Sd/- (Deepak Kumar Tiwari) Judge Barve