38.6c New Delhi, India, Monday, July 15, 2024
Judiciary

Rajasthan HC denies anticipatory bail in land forgery case, cites serious charges and witness threats [Read Order]

By Saket Sourav      18 June, 2024 12:51 PM      0 Comments
Rajasthan HC denies anticipatory bail in land forgery case cites serious charges and witness threats

Rajasthan: The Rajasthan High Court recently rejected an anticipatory bail application filed by an accused facing multiple FIRs for allegedly concocting and forging land ownership documents (pattas) purportedly issued by the Ajmer Development Authority (ADA) and extracting lakhs of rupees from victims under the pretext of handing over these forged documents.

The case revolves around four FIRs registered against the accused for fabricating pattas and taking lakhs of rupees from victims for handing over these forged documents. 

The counsel for the accused argued that despite the investigations being clubbed together, the accused was arrested only in one FIR and not in the other three FIRs, asserting that the accused cannot be repeatedly arrested for the purpose of recovery, as only one patta was recovered at his instance during the initial arrest. 

The counsel further claimed that the prosecution was unclear about the creator of the forged documents and that the accused had appeared for interrogation on multiple occasions, yielding no concrete evidence against him. Additionally, the counsel also asserted that lodging repeated FIRs for the same allegations amounted to an abuse of the legal process.

However, the prosecution, represented by the Public Prosecutor and Senior Counsel for the complainant, vehemently opposed the anticipatory bail applications. They highlighted that in FIR No. 163/2021, the co-accused Vinit Mahawar was granted regular bail after the completion of the investigation and filing of the chargesheet, which concluded that the accused had destroyed evidence related to the forged pattas. 

The prosecution further alleged that while enjoying interim protection granted by the court, the accused threatened a material witness and the complainant, leading to criminal complaints being filed against him under Sections 107/116(3) of the CrPC. 

The court subsequently vacated the interim protection order. Significantly, the prosecution claimed that Dilip Sharma had prepared a fabricated application purportedly for a civil writ petition before the court, which was denied by the Registrar upon verification. Additionally, a recent FIR (No. 117/2024) was lodged against the accused, alleging an audio conversation where he admitted to returning Rs. 42 lakhs instead of Rs. 50 lakhs, further implicating him in the alleged offenses.

After extensively considering the submissions of both parties and the material on record, the court, while acknowledging the need to exercise caution while deciding anticipatory bail applications, focused on prima facie issues and reasonable grounds, rather than delving into a detailed analysis of evidence. 

The court noted the gravity of the allegations, the nature of the offenses involved, and the fact that multiple FIRs were lodged against the accused for similar offenses related to the creation of forged land documents. It also highlighted the prosecution’s claims that the accused had threatened witnesses as well as the complainant while enjoying interim protection, demonstrating a propensity to influence the course of justice. 

The court also found the allegations of the accused preparing a fabricated application for a civil writ petition and the recent FIR involving an audio conversation concerning the return of money to be significant factors weighing against the grant of anticipatory bail.

“Considering the fact that with regard to similar nature of allegations of creation of forged, fabricated pattas and documents, five FIRs have been lodged against the petitioner and keeping the aforesaid in mind and also considering the nature of allegation and gravity of the matter, this Court does not deem it proper to accept these bail applications,” the court stated while rejecting the anticipatory bail applications.

In its conclusion, the court emphasized the need for a thorough investigation into the serious allegations against the accused. Additionally, the court, after citing the gravity of the matter, the nature of the alleged offenses, and the multiple FIRs lodged, deemed it appropriate to reject the anticipatory bail applications. 

[Read Order]



Share this article:

About:

Legal Content Writer



Leave a feedback about this
Related Posts
View All

Women can’t be denied job for not being married: Rajasthan High Court [Read Judgment] Women can’t be denied job for not being married: Rajasthan High Court [Read Judgment]

Rajasthan High Court rules that denying a woman a job due to her marital status violates fundamental rights. Learn how the court quashed this discrimination.

Rajasthan HC denies anticipatory bail in land forgery case, cites serious charges and witness threats [Read Order] Rajasthan HC denies anticipatory bail in land forgery case, cites serious charges and witness threats [Read Order]

Rajasthan HC rejects anticipatory bail in land forgery case, citing serious charges, witness threats, and the need for a thorough investigation.

In process of bringing in legislation to control illegal conversion, Rajasthan government tells SC [Read Affidavit] In process of bringing in legislation to control illegal conversion, Rajasthan government tells SC [Read Affidavit]

Rajasthan tells SC it’s drafting legislation to control illegal conversions, following top court and Centre’s guidelines until new laws are enacted.

TRENDING NEWS


TOP STORIES

journalist-soumya-vishwanathan-murder-case-sc-issues-notice-to-4-convicts-on-appeal-by-delhi-police
Trending Crime, Police And Law
Journalist Soumya Vishwanathan murder case: SC issues notice to 4 convicts on appeal by Delhi police

SC issues notice to 4 convicts in Soumya Vishwanathan murder case on Delhi police's appeal against their bail. Convicts had served over 14 years.

09 July, 2024 09:49 AM
why-indian-high-courts-still-have-old-names-despite-change-in-city-name
Trending Judiciary
Why Indian High Courts still have old names despite change in city name ? [Watch Video]

Know the reasons why Indian High Courts, like Bombay HC, Madras HC, and Calcutta HC, Allahabad HC still retain their old names despite the cities’ name changes. LawStreet Journal delves into the historical and legal context. Watch report !

09 July, 2024 09:56 AM
what-is-keir-starmer-stance-on-kashmir-issue
Trending International
What is Keir Starmer’s stance on Kashmir issue ? [Watch Video]

Under Keir Starmer, the UK's Labour Party shifts its stance on Article 370, focusing on strategic ties with India, moving from past criticisms to cooperation.

09 July, 2024 10:04 AM
ed-moves-sc-against-jharkhand-hc-order-of-bail-to-cm-hemant-soren
Trending Judiciary
ED moves SC against Jharkhand HC order of bail to CM Hemant Soren

ED moves SC against Jharkhand HC's bail order for CM Hemant Soren in a money laundering case linked to an alleged land scam.

09 July, 2024 12:14 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email