MOHAMMAD SHAHID Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is an application under Sec. 438 of CrPC for grant of anticipatory bail to applicant as he apprehends his arrest in connection with Crime No.267/2021 registered at Police Station Khursipar, District Durg (CG) for commission of offence punishable under Sec. 420, 34 of IPC.

(2.) Case of the prosecution, in brief, is that complainant Ashwini Kumar Kaushal lodged written report on 4/7/2021 mentioning therein that complainant and one Bhupendra Dewangan while studying in Kalyaan College, came in contact with present applicant and thereafter friendly relationship was developed between them. In the year 2016 the Chhattisgarh Professional Examination Board got published an advertisement for appointment on the posts of Hostel Superintendent and Hostel Warden. Applicant informed both the complainants that he is having contacts and he can provide employment on any of the posts advertised. He also stated to the complainant that for each post of Hostel Warden, a sum of Rs.4.00 Lakhs is to be paid to him i.e. Rs.2.00 Lakh as advance and Rs.2.00 Lakh after appointment. Both the complainants gave Rs.2.00 Lakh each i.e. Rs.4.00 Lakh, and one Madan Kumar Kaushal also gave Rs.1,35,000.00 to present applicant, thereby total amount of Rs.5,35,000.00 was paid to present applicant and co-accused Zulfikaar. After declaration of results when the complainant did not get employment, they asked present applicant and co- accused for return of their money but money has not been returned. They were continuously making requests, orally and through whatsapp messages, for return of money, but present applicant and co-accused have not returned money. Based on this complaint, instant crime is registered against present applicants and one another.

(3.) Mrs. Fouzia Mirza, learned Senior Counsel for applicant submits that allegations levelled against present applicant are absolutely false and baseless. Applicant never studied in Kalyan College, therefore, the allegation that complainants' coming into contact of present applicant while studying in Kalyaan College is incorrect. Applicant has obtained degree of Bachelor in Computer Application (BCA) from Bhilai Nayar Samajam College, Bhilai in the year 2011. Applicant joined politics in the year 2018-19 and became member of Indian National Congress party, which is evident from the photographs etc. filed along with this bail application. For the purpose of legislative assembly elections, 2019 in the State of Jharkhand, he was given the post of National Co-ordinator of Indian Youth Congress. She further submits that except oral allegation that applicant along with co-accused has obtained money from complainants on the pretext of providing them government job, there is no material to connect him with instant crime.