PANKAJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been maintained by the petitioners under Section 439 of the Code of Criminal Procedure seeking their release in case FIR No. 250 of 2019, dated 31.08.2019, under Sections 420, 406, 467, 468, 120B and 201 IPC, Police Station Nalagarh, District Solan, H.P.

(2.) As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are Whether reporters of Local Papers may be allowed to see the judgment? Yes. permanent residents of Himachal Pradesh and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping them behind the bars for an unlimited period, so they be released on bail.

(3.) Police report stands filed. As per the prosecution story, Shri Suresh Kumar (complainant) made a written complaint to the police and alleged that he is acquainted with the petitioners and the petitioners taking advantage of his gullibility told him that they would manage jobs for his children. The petitioners, on the pretext of managing jobs for the children of the complainant, demanded rupees ten lac from the complainant, which he paid to them. As per the complainant, the petitioners also cheated some local people. The complainant prayed that action be taken against the petitioners. Upon the complaint, so made by the complainant, police registered a case under the apt Sections of IPC and investigation ensued. Police seized the papers handed over to them by the complainant and later on a Special Investigation Team (SIT) was constituted for probing the matter. On 01.09.2019 accused Chandershekhar and Gagandeep joined the investigation and they were arrested on 02.09.2019. During the course of investigation it was unearthed that during November, 2017 accused Gagandeep met main accused Rohit Kashta. Initially, on the pretext of getting job for Gagandeep, accused Rohit Kashta demanded rupees four lac from accused Gagandeep, which accused Gagandeep paid to him, but when no job was managed, accused Gagandeep joined accused Rohit Kashta in his illegal activities. Later on accused Gagandeep cheated four people on the pretext of managing jobs for them. Accused Rohit Kashta, Chandershekhar, Pankaj Kumar and Anil Kumar (accused Pankaj Kumar and Anil Kumar, petitioners herein) were acquainted with each other. The investigation further reveals that accused Chandershekhar cheated many persons on the pretext of managing jobs for them and he used to introduce people to main accused Rohit Kashta. Police investigation further reveals that there are huge transactions in the bank accounts of accused persons and some amount was paid to accused Rohit Kashta in cash through petitioner Pankaj. Accused persons, including the petitioners, used to prepare fake appointment letters, joining letters etc. On the basis of mobile location, petitioner Pankaj Kumar and Anil Kumar were nabbed by the police near Panchkula Court on 05.09.2019. The records show that the accused persons, including the petitioners, cheated many persons, and illegally usurped huge amounts. On 08.09.2019 petitioner Anil Kumar made a disclosure statement and got recovered a laptop and three pen drives from his accommodation at Shivalik Vihar, Nayagaon, Chandigarh. On the basis of mobile location accused Rohit Kashta was arrested on 08.09.2019. Police also recovered fake appointment letters, joining letters and printer used for the same. Police also recovered display screen and CPU. Accused Rohit Kashta made a disclosure statement and got recovered three appointment letters from his rented accommodation. Accused Rohit Kashta disclosed that he had broken a printer and threw the same at Ambala Road. On the identification of accused Rohit Kahsta police recovered broken pieces of a printer. Scientific samples were sent to SFSL, Junga, for analysis. Bank accounts of the accused persons, including the petitioners, were analysed. As per accused Rohit Kashta he purchased a flat for rupees thirty lac, spend some money in Hotel Palm House, and paid Rs. 9,48,000/- to one Lucky for purchasing another flat. As per the police, petitioners are clever persons and they cheated many innocent persons. Investigation reveals that petitioner Anil Kumar is friend of main accused Rohit Kashta and he himself prepared fake appointment letters and joining letters. The petitioners, alongwith other accused persons, cheated many innocent persons and usurped huge money. On 24.10.2019 challan was presented in the Court and after receipt of report from SFSL Junga, supplementary challan shall be filed. As per the police, the bank records also show the involvement of the petitioners in the crime. In 2018 accused Gagandeep introduced accused Chandershekhar to accused Rohit Kashta. Lastly, it is prayed that the bail applications of the petitioners be dismissed, as the petitioners have committed serious crime by cheating many innocent persons on the pretext of managing jobs. In case the petitioners are enlarged on bail, at this stage, they may tamper with the prosecution evidence and may also flee from justice, so the bail applications of the petitioners be dismissed.