2025:CGHC:20648 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1984 of 2025 Order Reserved on 08.04.2025 Order delivered on 06.05.2025 Mohammad Javed S/o Abdul Khalid Aged About 42 Years R/o Village Sadi, Madnapur, Thana Chilla District Banda, Uttar Pradesh Temporary Address- Gafur Masjid, Block No. 2, Rented House Of Haji Abdul, District Raipur, Chhattisgarh ... Applicant(s) versus 1. State of Chhattisgarh Through Police Station, D.D. Nagar, District Raipur, Chhattisgarh 2. Ritu Sharma D/o Purushottam Sharma R/o Shanti Residency, Beside Of Colors Mall, Ganga Diagnostic, Rajendra Nagar, Raipur, District- Raipur (C.G.), Permanent Address- B/1201, Rustam Ji Alanjga, Near Link Road, Inorvit Maal, Mallad West Mumbai, Andheri Mumbai Railway, Maharashtra, (Respondent No. 2 Added As Per Honble Court Order Dated 17.03.2025) ... Respondent(s) ------------------------------------------------------------------------------------------- For Applicant : Mr. Mateen Siddiqui, Advocate For Respondent/State : Mr. Kishan Lal Sahu, Dy. AG For Respondent/Objector : Mr. Amit Kumar, Advocate ------------------------------------------------------------------------------------------- Hon'ble Shri Justice Narendra Kumar Vyas CAV Order SANTOSH KUMAR SHARMA Digitally signed by SANTOSH KUMAR SHARMA Date: 2025.05.06 17:16:28 +0530 1. This is the first bail application filed by the applicant under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail as he has been arrested on 16.01.2025 in connection with Crime No. 592 of 2022, registered at Police Station – DD Nagar, District Raipur (C.G.) for offence punishable under Sections 420,467,468,471 and 120B of the Indian Penal Code. 2. Case of the prosecution, in brief, is that on 12.08.2021 complainant- Manmohan Singh Gaba lodged a complaint alleging that he has purchased property bearing Khasra No. 260/10 area admeasuring 7000 sq.ft. From Shine City Dream Realtor O/o 1/55 Fourth Floor R Square Complex Gomati Nagar, Lucknow (U.P.) through registered sale-deed on 22.03.2021, but mutation proceeding could not be done. When the complainant initiated mutation proceeding, it was found that the said land has already been sold thrice. After verification, it was found that the house was sold on the basis of forged documents prepared by Mohammad Javed S/o Abdul Khali resident of House No. 178 District- Banda (U.P.) present applicant who is resident of U.P. has sold the multi-storied building situated at khasra No. 207/10 area administering 7000 sq fit on 19.05.2021 through registered sale deed to Rupesh Choubey and thereafter Rupesh Choubey sold the property to Ashoka Biryani through proprietor- Krishnakant Ramavatar Tiwari, S/o Ramavatar Tiwari, R/o Maruti Homes Flat No. 601 Hirapur Road Raipur on 02.08.2021. It is also case of the prosecution that it is found that Mohammad Javed, S/o Abdul Khalid has fabricated the documents to grab the property of the complainant and thus committed offence of conspiracy. On the basis of the complaint and material on record, offence under Sections 420, 467, 468, 471, 120B of IPC has been registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in the case and he was not involved in the offence registered against him. He would further submit that there was no transaction was made in the bank account of the applicant and the amount was credited in the bank account of original property owner Asif Nadeem and the prosecution has not impleaded the seller as party to the case who has sold the property mischievously to two different purchasers by playing fraud with the complainant. He would further submit that authorization letter with regard to sale of the aforesaid property was issued by only one Board of Directors i.e. Rasid Nasim whereas Mr. Amir Khan can sell the property, however the authorities letter issued in favour of the applicant to execute the sale deed dated 24.05.2021 was signed by all the Board members before Civil Court. He would further submit that Manmohan Singh Gaba is also having many criminal cases due to which he is being absconded and trying to flew out of India. He would further submit that the co-accused Rupesh Choubey was granted anticipatory bail by the learned session court on 06.12.2022. He would further submit that co-accused Krishna Kant Tiwari has challenged his cancellation of bail order before this High Court in Crmp No. 2379/2023 wherein the Hon’ble High Court granted stay in favour of Krishna Kant Tiwari, vide order dated 10.11.2023. He would further submit that the applicant is in jail since 16.01.2025 and would pray for allowing the bail application. 4. On the other hand, learned counsel for the State opposing the bail application would submit that there is clear allegation against the applicant regarding commission of offence. He would further submit that Md. Javed has demanded Rs. 20,000/- from the Krishna Kant Tiwari for execution of sale deed. He would further submit that the applicant along with co-accused have played fraud to different land owner to earn illegal profits for which custodial interrogation of the applicant is required in this case so that the real truth may come on record. He would further submit that the applicant has played an active role in making forged power of attorney for earning illegal means, therefore, he prays for rejection of the bail application. 5. Learned counsel for the objector has submitted his reply wherein it has been stated that “applicant promised to the complainant he will definitely help to her to return back the property which is fraudulently purchased by Krishna Kant Tiwari” and thus submitted that he has no objection, if the applicant is granted bail by this Court. 6. Heard learned counsel for the parties and perused the case diary. 7. From perusal of the case diary it is quite vivid that the applicant in connivance of the co-accused has prepared forged and fabricated documents and sold the same to Rupesh Choubey thereafter Rupesh Choubey sold the property in question to Krishna Kant Tiwari. From the material available in the case diary it is clear that Rashid Nasim and Amir Khan are the directors of the Shine City Dream Realtor and on the basis of power of attorney given by the directors of the said company, the applicant has executed sale deed in favour of Rupesh Choubey. Further considering the fact that the applicant has stated that he was not aware about the company Shine City Dream Realtor and their directors, though the sale deed has been executed on the basis of authorization letter given by Rashid Khan and Amir Khan, this fact is required to be ascertained by the prosecution, as such, judicial custody of the applicant is necessary. Also considering the fact that notices were issued on the office address of directors of Shine City Dream Realtor namely Mohammad Ashif Nasim, Rashid Nasim, Shamshad Ansari and Shahid Akhtar and the investigation with regard to role played by the applicant is going on and charge sheet has not yet been submitted. Further considering the fact that trial Court has granted bail to one of co-accused Rupesh Choubey by recording its finding that he may be bonafide purchaser whereas the role played by the applicant is altogether different as he has sold the property to Rupesh Choubey. Considering, prima-facie involvement of the applicant in crime in question, this Court is of the view that the applicant is not entitled to be released on regular bail. Accordingly, the bail application of the applicant is rejected. Sd/- (Narendra Kumar Vyas) Judge Santosh