SANTOSH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ACCUSED Santosh has filed this petition under Section 439 of the Code of Criminal Procedure for bail in case FIR No.451 dated 22.09.2012 registered under Sections 420, 120-B IPC at Police Station Ambala city.

(2.) I have heard learned counsel for the parties as well as complainant in person and perused the case file.

(3.) COUNSEL for the petitioner contended that FIR No.276 dated 18.07.2011 Annexure P-1 has been lodged by Harchand Singh against Veena (complainant of the present case) and her husband Jogdhyan Nagpal and their son Hitesh Nagpal inter alia on the allegation that amount of Rs.10,00,000/- had been paid to them for sending Gagandeep Singh abroad but he was not sent and amount of Rs.2,80,000/- was returned and the balance amount of Rs.7,20,000/- was not returned. Reference was also made to order dated 20.08.2011 Annexure P-3 passed by learned Additional Sessions Judge whereby bail petition filed by Veena (complainant of the present case) in FIR Annexure P-1 was refused. It has been observed in paragraph 7 of the said order that there was also one more similar FIR No.317 dated 14.08.2011 against Veena and her family members. It was thus argued by counsel for the petitioner that complainant and her family members were themselves duping the people on the pretext of sending them abroad and therefore the complainant would not have paid the amount of Rs.30,00,000/- to the petitioner and his co-accused for sending her son and others abroad.