MHABENI ENVY Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) These petitions have been filed seeking regular bail under Sec. 439 Cr.P.C. in case FIR No. 236 of 2019, dated 04/07/2019, under Ss. 420, 120-B, 201 IPC and Sec. 14 of Indian Foreigner Act, registered at Police Station Sadar, Una, District Una, H.P.

(2.) Status report stands filed, wherein manner, in which offence alleged to have been committed by petitioners alongwith co-accused Martin James John, causing the victim to transfer/transmit about Rs. 27,00,000.00 in the account supplied by the accused person during 11th January, 2019 to 07/03/2019, has been narrated in detail.

(3.) In brief, as per status report, complainant, serving as Head Mistress, had come in contact of some unknown person through Face Book, who was claiming himself to be resident of United Kingdom. After some time she received a call purporting to be a call from Airport Custom Department informing that one parcel sent to her from United Kingdom was lying with them and for release of which she had to deposit Rs.93,000.00 in the account number communicated by them. At first instance complainant had refused by saying that she had not been expecting any such parcel. But thereafter, she received a message from resident of United Kingdom, came in her contact through Face Book, disclosing that he had sent the parcel to her and had advised to receive it, whereupon complainant had deposited Rs.93,000.00 in the account number communicated to her. Thereafter complainant received another call claiming it to be a call from Airport Custom Department to inform her that parcel contained number of dollars and huge Gold and, therefore, she had to pay Rs.1,75,000.00 in addition to the amount deposited by her earlier. After couple of days, complainant again received a message from resident of United Kingdom that he had been coming to India, but he was detained by Custom Department at Mumbai Airport as he was possessing huge quantity of dollars and gold, and Custom Department was asking for money and he was not in a position to exchange the dollars and Gold into Rupees, therefore, he asked complainant to send money to the account communicated by him. Complainant transferred the amount to the account communicated by the accused person under compulsion as she thought that in case she would not send money, then the person would remain in detention and her money, already transferred by her, would not be recovered. On last occasion of demand of money complainant asked for Rs.2,00,000.00 from her husband, who was not aware about this entire episode and thereupon her husband had inquired about the matter and when complainant asked resident of United Kingdom to refund her money, then the said person switched off the phone. Whereupon complainant, on 04/07/2019, approached the Police and FIR was lodged.