TILAK CHAND GAUTAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Tersely, the facts & material, which need a necessary mention for the limited purpose of deciding the instant petition for the grant of concession of regular bail, filed by the petitioner and emanating from the record, as claimed by the prosecution, is that on 21.1.2011, complainant Vikas Chauhan s/o Devi Chand (for brevity "the complainant") had gone to celebrate the birthday of his relative Arun Rana s/o Nirmal Singh, in New Jain Nagar, Sawanpuri, Jagadhari, where the petitioner and his wife met him. The petitioner told him that some posts of direct recruitment, were going to be advertised in Allahabad High Court. He was having very good relations in that High Court and can help him in getting job there. Petitioner demanded Rs.8 lacs for class III officer job in the Allahabad High Court. The complainant claimed that in the month of November, 2011, petitioner informed him that application forms for recruitment of pointed jobs are available and he should be ready with the amount. On 18.12.2011, the petitioner came to the complainant and introduced his other co-accused Mohammad Parvez Isaq and his wife Shabnam as the relatives of one of the Judge of, whereas accused Dr.Raghvinder Singh was introduced as brother of Registrar of, Allahabad High Court. The accused have shown the complainant fake application forms, letter of District and Sessions Court, Saharanpur, bearing the stamp and secret fake order dated 4.12.2011 with the seal/stamp purported to have been issued by the Allahabad High Court. Believing the documents to be true, the complainant gave Rs.2 lacs to them in the presence of witnesses. They promised that his name would appear in the Website of High Court till 30.1.2012. Till January, 2012, no appointment list was issued as promised by the petitioner. The complainant confronted the petitioner in this regard, who made another excuse that UP Government has not passed any budget and now the appointment list will be issued on 30.7.2012.

(2.) Sequelly, the case of the prosecution further proceeds that on 22.4.2012, petitioner and his other co-accused Mohammad Parvez came to the residence of PW Labh Singh Rana and showed them the secret order bearing the seal and stamp of Allahabad High Court, in which, it was written that all appointments will be done till 30.7.2012. They further demanded and complainant paid another amount of Rs.2 lacs to the petitioner in the presence of witnesses. The complainant has also deposited an amount of Rs.98000/- on 1.7.2013 in the given account of the accused. Subsequently, the complainant became suspicious. He filed a petition for information under The Right to Information Act and it revealed that Allahabad High Court had neither given any order regarding appointments nor had issued any list of recruited persons.

(3.) Leveling a variety of allegations and narrating the sequence of events in detail, in all, the prosecution claimed that the petitioner and his other co-accused, have hatched a criminal conspiracy, prepared & used the false pointed documents, purported to have been issued by the Allahabad High Court as genuine, cheated and misappropriated the huge indicated amount of the complainant. In the backgrounds of these allegations and in the wake of complaint of the complainant, the present criminal case was registered against the accused, vide FIR No.98 dated 22.2.2014 (Annexure P1), on accusation of having committed the offences punishable under sections 420, 467, 468, 471 and 120-B IPC by the police of Police Station City Jagadhri, District Yamunanagar in the manner depicted here-in-above.