High CourtsSingle Bench(2021) 06 CHH CK 0121

Aftab Siddiqui vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 25 June 2021

HON’BLE JUDGES
Prashant Kumar Mishra, J
RESULT
Dismissed
CASE NUMBER
Miscellaneous Criminal Case No. 3541 of 2021

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Judgment

22 paragraphs · 440 words
1.

This is the third bail application filed under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with crime No.23/2019

registered in Police Station Pandri, District- Raipur C.G. for the offence punishable under Sections 420, 467, 468, 471, 34 of the I.P.C.

2.

The earlier two bail applications of the applicant were dismissed on merits by detailed orders. The earlier bail applications were heard and decided

by a Coordinate Bench, however, the said Bench recused from hearing this bail application by sending information to the Registry not to list this case

before him. It was thereafter, alloted to another Bench, however, the matter was directed to be posted before appropriate Bench. In the above

circumstances, the matter has been posted before this Bench.

3.

Complainant â€" Ayesha Siddiqui lodged a report against Aftab Siddiqui, Abdul Gani, Mohd. Arif and Mukesh Agrawal alleging that her ancestral

property valued at ₹50 Crores has been sold at ₹30 Crores by concocting and interpolating the revenue records and the entire amount has been

fraudulently obtained by this applicant and co-accused Arif Gani. Her infirm and ailing father has not received any amount. The bank account of her

father has been operated by present applicant 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.

4.

After rejection of two earlier bail applications, the present applicant approached the Hon'ble Supreme Court by filing Special Leave to Appeal (Crl.)

No(s). 2176/2020, which was disposed of with direction to the trial Court to proceed to record the statement of informant Ayesha Siddiqui and her

father Mohd. Idris. After the said statements are recorded, applicant shall be at liberty to file fresh bail application before the trial Court.

5.

Statement of informant Ayesha Siddiqui was recorded from 8.1.2021 to 23.3.2021, however, thereafter, statement of Mohd. Idris could not be

recorded because of lockdown and other situations due to COVID-19 pandemic.

6.

Learned State counsel would oppose the prayer for grant of bail.

7.

In view of the fact that earlier bail applications of the applicant have been decided on merits, by detailed orders, and the concoction, fraud and

interpolation of public documents etc, to the tune of Rs. 50 Crores, therefore, considering the seriousness of the offence, I am not inclined to release

the applicant on bail.

8.

Accordingly, the third bail application deserves to be and is hereby dismissed.