The Acting Chief Judge declined to release the applicant on bail in his third substantive application filed under Section 439 CrPC. The court noted that previous applications were rejected on merits due to serious charges involving fraud and loss of significant value.
Third bail application under Section 439 CrPC was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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MCRC No. 4949 of 2021
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Proceedings through video conferencing
MCRC No. 4949 of 2021
---- Applicant
Versus
---- Respondent
| _________________ For Applicant - |
____________________________________ Shri Bhaskar Payashi, Advocate. |
|---|---|
| For Respondent/State - | Shri Chandresh Shrivastava, Dy. Advocate General. |
| For Objector - |
Shri Kashif Shakeel, Advocate. |
Hon'ble Shri Prashant Kumar Mishra Ag. Chief Justice Order on Board
20-07-2021
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MCRC No. 4949 of 2021
has been sold at Rs. 30 Crores by concocting and interpolating the revenue records and the entire amount has been fraudulently obtained by the accused persons. Her infirm and ailing father has not received any amount. The bank account of her father has been operated by the co-accused Aftab Siddiqui by transferring the amount in his account. Another piece of land situated at civil lines, Raipur ad-measuring 7452 sq feet was in the name of her late mother Ulfat Bi and after her death, the land record has been manipulated/ interpolated/ concocted to execute fraudulent sale deed on 01.02.2018.
SD/-
(Prashant Kumar Mishra) Acting Chief Judge
Gowri
3 issues framed by the court
Whether the applicant is entitled to bail on his third substantive application given the gravity of the offence and refusal of earlier applications on merits.
Whether the application for regular bail under Section 439 CrPC should be allowed.
Whether the presence of fraud and significant financial loss precludes the grant of bail.
1 provisions across 1 enactments
Arif Ahmad Qureshi
State of Chhattisgarh
Prashant Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
