Kauleshwar Dangi Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

Kauleshwar Dangi Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Petitioner Kauleshwar Dangi directed to be released on regular bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Chatra, in connection with Itkhori P.S. Case No. 76 of 2021.

Issue for consideration

Whether petitioner Kauleshwar Dangi, accused under Sections 406, 420, 467, 468, 471, 120(B)/34 of the IPC and in custody since 23.12.2023, should be granted regular bail. +2 more

Court's answer

Under the circumstances, the court was inclined to allow the bail application and accordingly directed that the petitioner be released on bail on furnishing a bail bond.

Ratio / Principle

Having considered the submissions on behalf of both sides, the court found the matter to be a contesting and competing claim about the validity of the genealogical table on the basis of which several sale deeds were executed starting from 1971.

Key takeaways

The court took into account that a title suit is also pending with regard to the land in question.ratio¶11
Release on bail was ordered subject to furnishing a bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate, Chatra, in connection with Itkhori P.S. Case No. 76 of 2021.ratio¶14

Detailed headnote1 paragraphs

Regular bail granted — High Court of Jharkhand at Ranchi (Gautam Kumar Choudhary, J.), B.A No. 2494 of 2024, decided 02.08.2024. Kauleshwar Dangi, in custody since 23.12.2023 as accused under Sections 406, 420, 467, 468, 471, 120(B)/34 of the IPC in connection with Itkhori P.S. Case No. 76 of 2021, was released on bail. Per the FIR, 19 named accused disposed of the informant's land through registered sale deeds (Nos. 1830/1971 to 574/2016) executed on a purportedly false genealogical table, the accuseds claiming to be heirs of recorded tenant Naresh Dangi. Counsel argued the case dressed a pure civil dispute as a criminal one, sale deeds dating from 1971, with Title Suit No. 57 of 2021 (declaration of title, Khata No. 95) pending. Finding contesting and competing claims as to the validity of the genealogical table and noting the pending title suit, the court allowed bail on a bond of Rs. 25,000/- with two like sureties to the satisfaction of the learned Additional Chief Judicial Magistrate, Chatra.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 2494 of 2024

Kauleshwar Dangi … Petitioner(s). Versus State of Jharkhand … Opp. Party(s). CORAM : SRI GAUTAM KUMAR CHOUDHARY, J. -----For the Petitioner(s) : Mr. Vikas Kumar, Advocate For the State : Mr. Arup Kumar Dey, A.P.P …......

06 /02.08.2024:

The petitioner, who is accused for the offence punishable under Sections 406, 420, 467, 468, 471, 120(B)/34 of the IPC, is praying for grant of regular bail, as he is in custody since 23.12.2023.

Heard the learned counsel for the parties.

As per the FIR, altogether 19 accused persons named in the FIR disposed of the land of the informant on the basis of false genealogical table. Reference has been made to the following registered sales deed which was executed allegedly showing false genealogical table:-

Registered Sale Deed Nos. 574/2016, 2802/2013, 1171/2009,1830/1971, 1235/2013, 2801/2013, 566/2016, 5775/2007, 645/2016, 3277/1993, 3285/1994 & 560/2010. All these registered sale deeds the accused persons falsely claim themselves to be the heirs and decedents of recorded tenants Naresh Dangi.

It has been submitted by the learned counsel for the petitioner that no criminal offence was made on the basis of averments made in the FIR, as pure civil dispute has been given a texture of criminal case. The sale deeds start from the years 1971 and the present case has been filed after a lapse of 50 years from the execution of the first sale deed. Furthermore civil suit is pending with regard to the dispute between the parties bearing Title Suit No. 57 of 2021 filed by the informant party against the petitioner for declaration of title over the land of Khata No. 95.

Learned APP has opposed the bail petition. It is submitted that on the basis of forged genealogical table the registered sale deed were executed.

Having considered the submission on behalf of both sides the matter appears to be contesting and competing claim about the validity of the genealogical table on the basis of which several sale deeds were executed starting from 1971. It also appears that a title suit is also pending with regard to the land in question.

Under the circumstances, I am inclined to allow this application. Accordingly, the petitioner above named is directed to be released on bail on furnishing bail bond

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of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Chatra in connection with Itkhori P.S. Case No. 76 of 2021.

(GAUTAM KUMAR CHOUDHARY, J.)

Anjali/-