Arif Ahmad Qureshi v. State Of Chhattisgarh
MCRC No. 4949 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Proceedings through video conferencing MCRC No. 4949 of 2021 • Arif Ahmad Qureshi S/o Late Shri Mumtaz Ahamad Qureshi Aged About 48 Years R/o Noorani Chowk Rajatalab P.S. Civil Line Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Applicant
Versus
• State of Chhattisgarh Through District Magistrate Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- 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
1. Heard.
2. The applicant has preferred the third bail application under Section 439 of the Cr.P.C., as he has been arrested in connection with Crime No.23/2019, registered at Police Station - Pandari, District- Raipur (C.G.) for the offence punishable under Sections 420, 467, 468 and 471 r/w Section 34 of the Indian Penal Code.
3. The earlier two bail applications of the applicant were dismissed on merits by detailed orders.
4. Complainant - Ayesha Siddiqui lodged a report against Aftab Siddiqui, Abdul Gani, Arif Ahmad Qureshi (applicant herein) and Mukesh Agrawal alleging that her ancestral property valued at Rs.50 Crores
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.
5. After rejection of the earlier two bail applications, co-accused Aftab Siddiqui approached 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 (Aftab Siddiqui) shall be at liberty to file fresh bail application before the trial Court.
6. 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.
7. Learned State counsel would oppose the prayer for grant of bail.
8. 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, and also looking to the fact that third bail application of co-accused Aftab Siddiqui bearing MCRC No.3541/2021 has already been dismissed on merits, and particularly considering the seriousness of the offence, I am not inclined to release the applicant on bail.
9. Accordingly, the third bail application deserves to be and is hereby dismissed.
SD/- (Prashant Kumar Mishra) Acting Chief Judge Gowri