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Rajasthan High Court · body

2015 DIGILAW 327 (RAJ)

Ramji Lal v. State of Rajasthan

2015-02-04

RAGHUVNDRA S.RATHORE

body2015
Hon'ble RATHORE, J.—Heard the learned counsel for the parties. 2. In nutshell, the facts of the case are that the co-accused Omprakash purchased the land in question from one Kajod son of Bhura, by caste Bairwa, resident of Village Khandewat, Tehsil Newai, District Tonk, for a consideration of Rs. 10,000,00/-. 3. The complainant Kajod son of Bhura Bairwa (claiming himself to be the owner of the land) filed a written complaint before ACJM, Newai, District Tonk, against the petitioners and two other persons. Thereafter, the learned Magistrate sent the complaint for investigation to the police under Sec. 156(3) Cr.P.C. Accordingly, the police registered an FIR (182/2014) on 25.3.2014 at Police Station Newal, District Tonk for the offences under Sections 420, 465, 467, 468, 471, 474 and 120-B IPC. Consequently, the investigation commenced. 4. The learned counsel for the petitioners has submitted that the identity of the complainant is doubtful. According to him, the first information report had been lodged by Kalyan by posing himself to be Kajod. The investigation officer has not made any investigation nor collected evidence in respect of identification of the complainant. In support of his submissions, the learned counsel for the petitioners has invited the attention of the Court to the Aadhaar Card (Unique Identity Card No. 3699 5788 0720), Jamabandi and Identity Card of the seller which are on record as Annexure-3, 4 and 5 respectively. Besides, a photocopy of the sale-deed has also been placed on record, to show that the photo of the seller therein is not that of the complainant (Annexure-6). Apart from it, it has been submitted by the learned counsel for the petitioners that the complainant is in fact Kalyan son of Bhura and not Kajod son of Bhura. To substantiate his arguments, the counsel for the petitioners invited the attention of this Court to the photostat copies of the Election Identity Card of Kalyan, ration card, pensioner status report, etc., which are on record as Annexure-7, 8 and 9 respectively. 5. The learned Public Prosecutor has, as usual, and the counsel for the complainant also seriously opposed the bail application. In support of their submissions, the learned counsel for the complainant had placed some documents for perusal of the Court to show that Kajod and Kalyan Bairwa are one and the same person. 5. The learned Public Prosecutor has, as usual, and the counsel for the complainant also seriously opposed the bail application. In support of their submissions, the learned counsel for the complainant had placed some documents for perusal of the Court to show that Kajod and Kalyan Bairwa are one and the same person. In this regard, one Aadhaar Card (3445 3028 5048), certificate issued by Counselor of Municipal Board Tonk, Electoral Roll of Municipal Board Tonk of the year 1999 as well as that of 2014 and Jamabandi of Samvat 2067-2070 have been submitted to the Court for its perusal. 6. After hearing the learned counsels for the parties, this Court had thoroughly and carefully considered the documents placed on record by the respective parties, in support of their submissions. At the outset, it may be noted that so far as the purchaser Omprakash is concerned, he had been granted anticipatory bail (12375/2014) by a Co-ordinate Bench of this Court on 17.11.2014. 7. From perusal of the sale-deed (Annex.6), it is revealed that the land was sold by Kajod son of Bhura by caste Bairwa which has been duly signed by Kajod and the purchaser Omprakash. To the said sale-deed, petitioners Ramji Lal Meena and Sheojiram Bairwa have signed as attesting witnesses No. 1 and 2 respectively. As the sale-deed has been duly registered by the Sub-Registrar, Newai, District Tonk, it can also be presumed that he had verified the identity of the aforesaid persons, particular the seller Kajod son of Bhura. Further perusal of the documents placed alongwith the bail application goes to show that there is an Aadhaar Card (Annexure-3) of Kajod Bairwa son of Bhura Bairwa, resident of Khandewat, Newal, District Tonk. The number of the said Aadhaar Card issued by the Unique Identification Authority of India is (3699 5788 0720). It also mentions the date of birth of Kajod as 1.1.1944. The Jamabandi of Kajod son of Bhura of the year 2067-2070 (Annexure-4) has also been placed on record. An identify card of Kajod is also on record (Annex.5) which has been issued by the competent authority. 8. The petitioners have also placed on record some other documents to show that Kalyan son of Bhura is a different person. The Jamabandi of Kajod son of Bhura of the year 2067-2070 (Annexure-4) has also been placed on record. An identify card of Kajod is also on record (Annex.5) which has been issued by the competent authority. 8. The petitioners have also placed on record some other documents to show that Kalyan son of Bhura is a different person. In this respect, an Election Identity Card of Kalyan Mal son of Bhura with a photo, issued on 16.5.1995; Family Ration Card of Kalyan Mal son of Bhura which mentions Rajadevi as his wife and three children and the Social Security Pensioner Status Report of Kalyan Mal have also been filed wherein the date of birth has been mentioned as 24.6.1944. On the basis of the aforesaid documents of Kajod and Kalyan, the learned counsel for the petitioners has submitted that there is no room of doubt that Kajod and Kalyan are two different persons. The instant report lodged in the name of Kajod son of Bhura is doubtful in respect of the identify of the informant. 9. During the course of arguments, the learned counsel for the complainant submitted that Kajod and Kalyan are one and the same person. According to him, Kajod is also known as Kalyan and that is why the documents in respect of his identity are in the name of Kajod @ Kalyan Bairwa. In support of his submissions, the learned counsel for the complainant has placed on record the Aadhaar Card (3445 3028 5048), which is issued in the name of Kajod @ Kalyan Bairwa and date of birth given is 24.6.1944. Besides, the learned counsel for the complainant has referred to a certificate issued by Smt. Prabhati Devi, Counselor of Ward No. 3, Municipal Board Tonk and the same bears the photo of Kalyan. Electoral Roll of Municipal Board of the year 2013 has also been placed before the Court by the counsel for the complainant which at serial No. 153 of Ward No. 2 gives the name of Kalyan son of Bhura Lal. In the Electroal Roll of the year 2014, in Ward No.3, the name of Kalyan has been mentioned at serial No. 1125. The name of Raja Devi wife of Kalyan has been mentioned at serial No. 1056. The name of Sitaram son of Kalyan has been mentioned at serial No. 1067. In the Electroal Roll of the year 2014, in Ward No.3, the name of Kalyan has been mentioned at serial No. 1125. The name of Raja Devi wife of Kalyan has been mentioned at serial No. 1056. The name of Sitaram son of Kalyan has been mentioned at serial No. 1067. The Jamabandi of Samvat 2067-2070 in the name of Kalyan, Ramswaroop, etc., has also been placed for perusal of the Court. 10. After having carefully gone through the aforesaid documents and the photos affixed to it, this Court is of the view that the photos of Kajod and Kalyan are of two different persons. A bare look to the photos affixed to the Aadhaar Card of Kajod (3699 5788 0720) and that of Aadhaar Card in the name of Kajod @ Kalyan (3445 3028 5048) are to two different persons. It is also to be noted that the photo of Kajod on Identify Card and the sale-deed are the same as on the Aadhaar Card (3699 5788 0720) which bears date of birth as 1.1.1944. Whereas the photo of Kalyan on the Election Identity Card is different from the one of Kajod on the Aadhaar Card (3699 5788 0720) as well as the Identity Card. It is also noteworthy that the date of birth of Kajod on the Aadhaar Card (3699 5788 0720) is 1.1.1944 whereas on the Aadhaar Card of Kajod @ Kalyan Bairwa (3445 3028 5048) is 24.6.1944. Apart from it, the photo of Kajod @ Kalyan on the Aadhaar Card is the same as given on the certificate issued by the Counselor of Ward No. 3, Municipal Board Tonk and on the Electoral Roll of 2014 at serial No. 1125. Therefore, the identity of Kalyan as given in the certificate issued by the Counselor and on the Electoral Roll of 2014, when compared with the Aadhaar Card issued in the name of Kajod @ Kalyan, goes to show that it is of the same persons. The date of birth of Kalyan son of Bhura as given in the Social Security Pensioner status Report which has been issued in the name of Kajod @ Kalyan is 24.6.1944 which is the same as given in the Election Identity Card of Kalyan. On the contrary, the date of birth mentioned on the Aadhaar Card (3699 5788 0720) is totally different as it mentions as 1.1.1944. On the contrary, the date of birth mentioned on the Aadhaar Card (3699 5788 0720) is totally different as it mentions as 1.1.1944. The Electoral Roll of 2014 also shows that Raja Devi (1056) is the wife of Kalyan and Sitaram (1067) is his son and it is so mentioned in the family ration card issued to Kalyan wherein details of his family members has been given. 11. After considering the aforesaid documents in detail, it is amply clear that Kajod and Kalyan are two different persons and the documents given by the counsel for the complainant, which bears the photo of Kalyan, goes to show that it is totally different from one given on the documents relating to Kajod Bairwa. Therefore, the contention raised by the counsel for the petitioners that the identity of the informant who had lodged the report in the name of Kajod Bairwa is doubtful, has merits. 12. In view of the above, it is deemed proper to grant indulgence of anticipatory bail to the petitioners. Consequently, the application for anticipatory bail is allowed. The S.H.O./I.O./Arresting Authority, Police Station Newai, District Tonk in F.I.R. No. 182/2014 is directed that in the event of arrest of the petitioners (1) Ramji Lal S/o Nanagram Meena and (2) Sheojiram Bairwa S/o Birdha, they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs. 1,00,000/- with two sureties in the sum of Rs. 50,000/- each to his satisfaction on the following conditions:- (i) that the petitioners shall make themselves available for interrogation by a police officer as and when required; (ii) that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer; and (iii). that the petitioners shall not leave India without previous permission of the court. Before parting with this order, it is deemed proper to take note of the unique facts of this case that by getting an Aadhaar Card issued in the name of Kajod @ Kalyan Bairwa, whose date of birth is 24.6.1944, Kalyan has tried to pose himself as Kajod, whose Aadhaar Card is (3699 5788 0720) and the date of birth mentioned therein is 1.1.1944. The other documents of the informant to claim himself to be Kajod @ Kalyan Bairwa are in the name of Kalyan son of Bhura alone. As for instance, the certificate issued by Smt. Prabhati Devi, the Counselor of Ward No. 3, Municipal Board Tonk and also the Electoral Role of 2014 goes to show that the photos affixed thereupon is that of Kalyan. The complainant has tried to give his identity as Kajod only on the basis of Aadhaar Card (3455 3028 5048) which has been issued by the Unique Identification Authority of India in the name of Kajod @ Kalyan Bairwa. In the considered opinion of this Court, the Aadhaar Cards should be issued exclusively in one name and when it mentions two names such as Kajod @ Kalyan Bairwa a confusion is created and result of dispute of present nature. By having such Aadhaar Card issued, an intelligent and clever person tries to take advantage of two different identities as and when he gets a chance. In this case, it appears that Kalyan has deliberately got his Aadhaar Card issued in two names purporting to shows that they are one and the same persons. The very purpose of having Aadhaar Card is issued to authenticate the identity of a person would definitely frustrated when the same giving two names by putting `urf' in between so as to show that they are one and the same person. It definitely creates confusion and takes away authenticity of identity of a person even after issuance of Aadhaar Card by the Unique Identification Authority of India. Even otherwise, normally every person has one name officially as well as in legal documents and dual name, such as Kajod @ Kalyan or similar like are adopted only by clever and cunning persons who don't want to clearly disclose their identity and use either of the name where and whenever it suits them. Therefore, the Unique Identification Authority of India is directed to issue Aadhaar Cards in single name and not in two or three names by putting `urf' or `alias' in between. It is also directed that the Aadhaar Card of Kajod @ Kalyan (3445 3028 5048), which is being sent alongwith this order, be cancelled forthwith and Aadhaar Card in the name of Kalyan be issued. It is also directed that the Aadhaar Card of Kajod @ Kalyan (3445 3028 5048), which is being sent alongwith this order, be cancelled forthwith and Aadhaar Card in the name of Kalyan be issued. The Deputy Registrar (Judicial) is directed to send a copy of this order alongwith the aforesaid Aadhar Card to the Unique Identification Authority of India, Khanija Bhawan No. 49, 3rd Floor, South Wing Race Course Road, Bangalore-01.