NIRMAL PANWAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 19 of 2012 dated 2.2.2012 registered at Police Station, Amb, District Una, under Sections 420 and 120 -B IPC. It has been stated that the case has been registered on the complaint filed by Smt. Mamta on the allegations that co -accused Anil Kumar had assured the husband of the complainant to provide him job in a foreign country and in lieu thereof Anil Kumar had asked the complainant to pay Rs. 3,50,000/ -. It has been alleged that amount of Rs. 3,50,000/ - was paid to Anil Kumar in the presence of the petitioner. The petitioner has no connection with the commission of alleged offence. There is no link evidence against the petitioner, who has been falsely implicated in the case. The petitioner is a government employee.

(2.) THE petitioner is innocent, she has committed no offence. On account of the registration of the case she apprehends her arrest in the above case. The petitioner is ready to join investigation and furnish bail bonds in accordance with the directions of this Court. The submission has been made for releasing the petitioner on bail.

(3.) THE husband of the complainant paid Rs. 50,000/ - to Nirmal and after one month Nirmal demanded another sum of Rs. 2,50,000/ - which was paid to Nirmal. It has been stated that petitioner instead of work visa provided tourist visa to husband of the complainant for Singapore. The husband of the complainant did not get any job at Singapore and he returned to India. The complainant and her husband met petitioner, who arranged their meeting with Anil Kumar. He gave a forged affidavit in the year 2007 that money would be returned but in the affidavit even the complete address of Anil Kumar was not given. It has been stated that complainant is a poor woman, the petitioner has not returned their money. It has been alleged that petitioner and her husband fraudulently obtained Rs. 3,00,000/ - from the complainant and her husband for sending the husband of the complainant to some foreign country. On this, case was registered.