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NAFR

(Proceeding through video conferencing)

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No.8791 of 2021

•

Ravi Pahariya, S/o Shri Ashok Kumar Pahariya, aged about

29 years, R/o Gram Domankhera, Post Singhpur, Police

Station Karbi, District Chitrakut (UP)

---- Applicant (In Jail)

Versus

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State of Chhattisgarh, through Station House Officer, Police Chouki

Wadrafnagar, Police Station Basantpur, District Balrampur

Ramanujganj (CG)

....Non-applicant

For Applicant

:

Mr. Awadh Tripathi, Advocate

For Non-applicant

:

Mr. Sameer Oraon, Govt. Advocate

Hon'ble Mr. Justice Parth Prateem Sahu

11.1.2022

1. This is first application on behalf of applicant under Section

439 of Code of Criminal Procedure, 1973 for grant of regular

bail as applicant is in custody since 23.9.2021 in connection

with Crime No.145/2021 registered at Police Outpost-

Wadrafnagar, Police Station Basantpur, District Balrampur

Ramanujganj (CG) for commission of offence punishable

under Sections 420, 467, 468, 471 of IPC.

2. At the outset, Mr. Sameer Oraon, learned Government

Advocate for the State raises objection with regard to

maintainability of this bail application on the ground that

allegation against applicant is of forging pit passes, therefore,

provisions of Section 21 of the Mines and Minerals

(Development and Regulation) Act,1957 [for short 'the Act of

1957'] will be attracted and as such, case including application

for grant of bail is to be considered by Special Court. In case

at hand, bail application is rejected by learned Additional

Sessions Judge, Balrampur, before whom application was not

maintainable, as a result, present application under Section

439 CrPC is also not maintainable. He submits that had

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applicant filed application under Section 439 CrPC before

Special Court, then order of rejection of bail application by

Special Court is appealable before High Court. Hence, this

bail application is not maintainable.

3. Mr. Awadh Tripathi, learned counsel for applicant would submit

that after registration of aforementioned crime, upon due

investigation police submitted charge sheet for commission of

offence under Sections 420, 467, 468, 471 of IPC only. In

charge sheet there is no mention of commission of any crime

under the Act of 1957. It is also pointed out that charge sheet

is filed before the Court of jurisdictional Magistrate, hence

applicant moved an application under Section 439 of CrPC

before the Additional Sessions Judge, Balrampur and after

rejection of same, approached this Court by filing instant

application for grant of regular bail. Submission of learned

State Counsel that applicant had to file an application for grant

of regular bail before the Special Court is not correct.

4. As regards submission of learned State Counsel with respect

to maintainability of this bail application on the ground that

case is to be tried by Special Court, as submitted by learned

State Counsel and learned counsel for applicant, charge sheet

against applicant is filed before the Court of jurisdictional

Magistrate for commission of offence punishable under

Sections 420, 467, 468, 471 of IPC only. Applicant is seeking

bail in respect of allegations levelled against him for which he

was arrested and is in jail since 23.9.2021. Since there is no

allegation of violation of any of the provisions of the Act of

1957, submission of learned State Counsel at this stage

cannot be accepted and it is hereby repelled. In the given

facts and circumstances of case, present application is

maintainable.

5. Case of prosecution, in brief, is that complainant Gaurav

Raghav lodged report in concerned police station on

22.9.2021 stating that complainant is a Contractor engaged in

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construction of road. He has been granted some mining

leases in Wadrafnagar area. He came to know that applicant

is issuing forged and fabricated