RAJESH KUMAR RATHORE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This order shall govern disposal of the aforesaid three bail applications. 1. The applicant-Rajesh Kumar Rathore has been arrested and other two applicants-Vikash Vashistha and Priyanka Jaiswal are apprehending their arrest in connection with Crime No.249/2020 registered at Police Station-Pali, District-Korba (C.G.) for alleged commission of offences under Section 120 (B)/34, 193, 419, 420, 468 of IPC.

(2.) Prosecution case is that in order to somehow secure release of vehicle by way of interim custody, applicants presented fake person as surety before the Court and in this manner, playing fraud, obtained order of release of vehicle. When the Court, later on, asked for identification proof and the person, who had appeared before the Court was called, accused / applicant -Vikash Vashistha stated before the Court that on the previous day of proceedings, he impersonated Ramphal Sharma in the Court and order of release of vehicle was procured. In his statement, he has stated that all this was done by him as instructed by the applicant-Rajesh Kumar Rathore. The applicant-Priyanka Jaiswal is also involved on the allegation that she was also involved in the said conspiracy of producing fake person in the Court in the name of Ramphal Sharma.

(3.) Learned counsel for respective applicants would argue that the alleged involvement of the applicants in the offence is false, frivolous and not prima facie made out. It was argued that the applicant-Rajesh Kumar Rathore is an advocate and an active member of the bar and in the society and he has been raising voice against irregularities and as he had made certain allegations and requested for enquiry against a judicial officer, he was falsely implicated in the case. According to him, the allegations that on his instructions, Vikash Vashistha impersonated Ramphal Sharma is highly improbable. It is further submitted that the allegations that the applicant is involved in similar cases earlier and there are other criminal cases pending, is only one side of picture because in those cases, he has been granted relief in higher Courts and it is not a case that in any of the cases, he has been convicted. According to learned counsel for Rajesh Kumar Rathore, if any person impersonated and appeared in the Court as surety, his identity ought to have immediately checked up and would have revealed on that very day, but the appearance of Vikash Vashistha on the next day and recording of his statement clearly shows that it is an act of revenge and false implication because he has been making allegations against judicial officers. According to him, police officers has also involved him in false implication. Lastly, it is submitted that investigation is complete, charge sheet has been filed, therefore, at this stage, he may be granted bail. Learned counsel for Vikash Vashistha would submit that involvement of the present applicant in the alleged commission of offence is not prima facie made out because he is an innocent person. It is submitted that when he had come to the Court, on instructions of the counsel, he appeared and stood as surety and this was stated before the Court on the next day and statement to that effect was also recorded. Therefore, there was no intention to cheat the Court or any judicial proceedings. Learned counsel appearing for applicant-Priyanka Jaiswal would argue that she is a junior lawyer recently joined and practicing under his senior Rajesh Kumar Rathore and there is nothing to show that she was also knowing this fact that co-accused Vikash Vashistha is not Ramphal Sharma. It is argued that this applicant has been involved only because at the relevant time, she happened to be junior associate recently joined and even in the statement of Vikash Vashistha, nothing has been stated that this applicant had joined co-accused to instruct Vikash Vashistha to impersonate as Ramphal Sharma so as to procure an order of release of vehicle.