SANTOSH HANDA AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail to the petitioners, namely, Santosh Handa, son of Manohar Lal, and Sonu @ Vikas, son of Shiv Kumar, both residents of House No. 484/6-AI, Dalai Mohalla, Bholanath Nagar, Sahadra, Delhi, who have been booked for having committed the offences punishable under Sections 120-B, 406, 420, 466, 468 and 471, IPC, in a case arising out of FIR No. 437, dated 1.11.2013, registered at Police Station, City, Sonipat.

(2.) Mr. T.P.S. Tung, learned counsel for the petitioners contends that there is no specific allegation that the amount was handed over to the petitioners by the victims; an inquiry was conducted on the application of one Jai Singh where the senior police officials found that the complainant, Jai Bhagwan was the real culprit; after their arrest, the police remand of the petitioners was sought from the learned Area Judicial Magistrate, but nothing incriminating could be recovered from them (petitioners); the petitioners are neither required nor involved in any other case; the petitioners are behind the bars since 20.6.2014; after completion of the investigation, the charge-sheet (report under Section 173, Cr.P.C.) has already been presented; few of the co-accused of the petitioners have been granted ad-interim anticipatory bail by this Court; and that all the offences for which the petitioners have been booked, are triable by the learned Judicial Magistrate Ist Class.

(3.) Learned counsel for the State on instructions from ASI Sukhbir Singh of Police Station, Economic Offences Wing, Sonipat, very fairly concedes that the petitioners are behind the bars since 20.6.2014; they are neither involved nor required in any other case; and that nothing incriminating was recovered from them (petitioners) during their police custody. However, he has opposed the grant of bail on the premise that the petitioners in connivance with their co-accused had collected a huge sum of Rs. 95,00,000/- from 72 victims.