AJAY DENIAL ANWAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner Ajay Denial Anwar seeks grant of anticipatory bail in respect of a case registered vide FIR No.9 dated 3.1.2020 at Police Station City Thanesar, District Kurukshetra under Section 420 of Indian Penal Code and Section 10 of Immigration Act.

(2.) The FIR, in the present case, was lodged at the instance of Manish Kumar, wherein it has been alleged that he has been duped of an amount of Rs.21 lakhs by Bakshish Singh @ Bagga Singh @ Bawa Singh and Satyawan. It is alleged that the complainant Manish Kumar met Satyawan in February 2019, who represented that he alongwith Bakshish Singh @ Bagga Singh @ Bawa Singh is doing the work of sending people abroad and in case the complainant desires, he could be sent to America. Being taken in by the said representation, the complainant alongwith his father Krishan went to Satyawan's office and met Satyawan and Bakshish Singh @ Bagga Singh @ Bawa Singh where they told the complainant and his father Krishan that the complainant would be sent to America in about 15-20 days and for which the complainant would have to incur an expenditure of Rs.21 lakhs. The complainant being allured and taken in by the said representation gave his passport and an advance of Rs.1 lakh, which was deposited in the bank account of Bakshish Singh @ Bagga Singh @ Bawa Singh. On 5.6.2019, Satyawan informed the complainant that complainant's Visa has been arranged and handed over his passport and air ticket and the complainant was sent to Malaysia and from thereon he was sent to Pipon and then to Cambodia, where he stayed for about 19 days and from Cambodia the complainant was sent to Mexico, where he was caught by the officials of Immigration Department and was sent behind bars, where he was kept confined for 5 months. It is alleged that thereafter Satyawan and Bakshish Singh @ Bagga Singh @ Bawa Singh called the complainant's father and told him that in case he wanted his son to reach America, then he would have to make a payment of another Rs.20 lakhs and accordingly complainant's father handed over an amount of Rs.21 lakhs to Satyawan on 25.6.2019, which he had arranged from members of his family and friends and ultimately the complainant was deported back to India by Government of Mexico on 25.11.2019.

(3.) The learned counsel for the petitioner has submitted that the petitioner is nowhere named in the FIR and that the FIR is specifically against two persons namely Satyawan and Bakshish Singh @ Bagga Singh @ Bawa Singh, who are alleged to have held out a false representation to the complainant for sending him abroad and are alleged to have received an amount of Rs.21 lakhs for the said purpose. It has been submitted that the petitioner has been nominated as an accused on the basis of a disclosure statement allegedly made by co-accused, who have alleged that an amount of Rs.13 lakhs out of the amount of Rs.21 lakhs paid by the complainant, was passed on to the petitioner.