RAVI DUTT SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) This application under Section 438 of the Code of Criminal Procedure has been preferred by the petitioner -accused (hereinafter referred to as the accused) for grant of anticipatory bail to him in case FIR No. 137 of 2003 dated 3.9.2003 under Sections 406 and 420 of the Indian Penal Code registered at Police Station Barsar.

(2.) The prosecution case against the accused is that he assured complainant Dinesh Kumar and others in July, 2001 to get them admission in Agra University for B.Ed, course as he had been getting such admission for the aspirants. He charged a further sum of Rs. 60,000/ - from each of the aspirants and took Dinesh Kumar and others to Agra where he charged a further sum of Rs. 10,000/ - from each of the aspirants for admission on the understanding that in the event of his failure to get them admitted he would return the money charged by him. Leaving the aspirants at Agra, the accused left to some unknown place. The cheated aspirants including the complainant aforesaid visited the house of the accused repeatedly, but he was not available. The matter was finally reported to the police and the investigation followed. On investigation, it has been found that the accused had cheated so many aspirants to get them admitted in the B.Ed, course and had thus received a sum of Rs. 3,50,000/ - from the said aspirants. It was also found that in case FIR No. 58 of 2002 dated 24.4.2002 under Sections 406 and 420 of the Indian Penal Code, a chargesheet had already been submitted against the accused for commission of similar offences. The accused has preferred the present petition on the grounds that he is completely innocent and is being implicated in the case falsely by some interested persons with a view to harass him.

(3.) I have heard the learned counsel for the accused and learned Deputy Advocate General for the State and have also gone through the police report and the records.