LAWS(P&H)-2020-9-144

NEETU SHARMA Vs. STATE OF HARYANA

Decided On September 21, 2020
NEETU SHARMA Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Cases taken up through video conferencing.

(2.) Vide this order, I shall dispose of two petitions for grant of pre-arrest bail i.e. CRM-M-26826-2020 filed by petitioner Neetu Sharma and CRM-M-27678-2020 filed by petitioner Surinder Sharma, both of them being husband and wife and accused in FIR No.115 dated 20.2.2020 for the offences under Sections 406, 420, 506, 34 IPC (later on Sections 370 and 384 IPC and Section 24 of Immigration Act added), registered at Police Station Assandh, District Karnal.

(3.) Briefly stated, the prosecution story is that criminal machinery in this case was set into motion by complainant Jitender Kumar son of Prem Chand, resident of Chorkasa, Assandh, Karnal, who in the written complaint submitted by him against Surender Kumar son of Beera, his wife Neetu Sharma, brother-in-law Sonu and one Rishipal son of Beera Ram of his village to the police stated that Rishipal being co-resident of complainant and well acquainted with him gave him allurement of sending him abroad for better prospects and introduced him with accused Surender Kumar in first week of October, 2017; Surender Kumar assured the complainant that he would send him to America and get a job for him there as he had a valid license for that purpose; Surender Kumar demanded a sum of Rs.20 lakhs for that purpose, however, the settlement was arrived at for Rs. 19,50,000/-; on 10.10.2017, the complainant accompanied by his brother Kabal Singh and Rishipal went to the house of Surender Kumar at Karnal and handed over his passport to him; Surender Kumar obtained signatures of complainant and his brother Kabal Singh on various blank papers and obtained two cheques from their joint account; on 17.10.2017 Rishipal telephonically informed the complainant that his work was ready and Surender Kumar was calling him, then the complaint went to the house of Surender Kumar with his documents and clothes; he was sent to Pahadganj, Delhi with a driver and one other person in Innova Car; they stayed in a hotel for the night; on the next day i.e. on 18.10.2017, accused Sonu came to complainant and gave him his passport, ticket to Dubai and some other documents; on being asked Sonu stated that since complainant could not go to America directly and he was being sent there via Dubai; the complainant was accordingly taken to Dubai and from there to Maxico via many cities and countries passing through forests etc.; from there he was taken to America border; Surender Kumar asked the complainant telephonically to convey to his family to pay Rs. 19,50,000/- to him, otherwise he would get him killed; on 12.12.2017, the complainant was handed over to American police; the brother of complainant namely Kabal Singh gave Rs. 19,50,000/-to accused Surender Kumar at his house but Surender Kumar did not get the complainant released from American police, rather he asked brother of the complainant to pay him Rs.3,50,000/- more; that amount was also paid to him but the complainant was not got freed from jail in in America, rather he was deported from America in March, 2019 and he came back to India. Then the complainant along with his brother Kabal Singh met accused Rishipal and thereafter they along with respectables went to Surender Kumar. Surender Kumar showed his inability to return money to the complainant but offered to send any other member of family of complainant to America assuring that thids time, they would not face any problem. The complainant and his brother Kabal Singh fell into the trap. Rs.3 lakhs were given to Surender Kumar on 5.5.2019. Kabal Singh was taken to Maxico. At the asking of Surender Kumar, Rs.75,000/- was paid to his wife Neetu Sharma by the complainant. Subsequently Kabal Singh went missing.