SONU SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The aforesaid bail applications are being disposed of by this common order as they arise out of Crime No.840/2022 registered at Police Station Kotwali, District Rajnandgaon for offence under Ss. 120- (B)/34, 365, 386, 420, 506 of the IPC.

(2.) Case of the prosecution is that complainant Rama Sahu has lodged a report with the concerned Police Station alleging that he was having agricultural land at village Chikhali, bearing Khasra No.394/27, 394/28, 394/29, ad measuring 1.20 acres. In the month of February, 2022, applicant Ritesh Gajbhiye and Sajju Sonwani had contacted him and made oral agreement for purchasing the said land for a consideration of Rs.1.81 crores. Ritesh Gajbhiye had projected himself as a person who is having contacts with so many big persons and the complainant was induced by applicant Ritesh Gajbhiye and Sajju Sonwani. The said amount was to be transferred within one year through the Company 's account in 4 installments. On 21/2/2022, applicant Ritesh Gajbhiye and Sajju Sonwani took the complainant in their Bolero Vehicle at the Registry office and gave 4 cheques bearing Nos.231177, 231178, 231179, 231180 and the same was mentioned in the Registry 's stamp paper. When the complainant asked for the money, they (accused persons) informed him that they would give money at their home because the amount was huge. Applicant Ritesh Gajbhiye made the complainant to sit in his Bolero vehicle which was being driven by accused Yogesh Kumar Diyewar, and the applicant and other accused namely, Sajju Sonwani also sat in the said vehicle. It has been further alleged that applicant Ritesh Gajbhiye on the point of gun and Sajju Sonwani by showing knife threatened him to kill and obtained cheques which were given to him and also forcefully took his signatures on the cheque Nos.208452, 208453, 208454 and thereafter left the complainant at the lonely place. Somehow the complainant managed to return to his home. It was further alleged that on 5/4/2022 in his account maintained at Axix Bank bearing Account No.92010060782041, Rs.5.00 lakhs have been transferred by applicant Ritesh Gajbhiye through RTGS and immediately the said amount has been withdrawn by using looted cheque No.208452. Again Rs.5.00 lakhs was deposited by applicant Ritesh Gajbhiye in his account and the same was also withdrawn by using cheque No.208453. Then again the amount has been transferred in his account and the same was re-withdrawn by using cheque No.208454 and thereby the accused persons have cheated the complainant. So the complainant has sought action against applicant Ritesh Gajbhiye and Sajju Sonwani. Report has been lodged on 9/10/2022 and during investigation, other co-accused persons namely, Sonu Sahu and Yogesh Kumar were found to be involved in the said crime. Based on such allegations, offence has been registered.

(3.) Learned counsel for the applicant Sonu Sahu would submit that he is only an attesting witness to the subject sale deed and his name was not mentioned in the compliant made by the complainant, however, later on, it was developed that he was also present in the vehicle. He further submits that applicant is suffering from HIV disease and he is already on interim bail and he has not misused the liberty.