GULSHAN KHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Section 439 Cr. P.C, prayer has been made for grant of bail in case FIR No. 28 of 2017, dated 15.03.2017 under Sections 420, 406, 504, 506 and 120-B of Indian Penal Code ( for short "IPC") and Section 25 of the Immigration Act, registered at Police Station, Nahan, District Sirmaur, Himachal Pradesh.

(2.) Sequel to order dated 21.08.2017, ASI Kishore Kumar, Police Station, Nahan, District Sirmaur, has come present in Court alongwith the record of the case. Aforesaid officer has also caused appearance of bail petitioner as well as complainants in the Whether the reporters of the local papers may be allowed to see the judgment instant case in terms of aforesaid order dated 21.08.2017, passed by this Court.

(3.) Facts as emerge from the record as well as status report suggest that aforesaid FIR came to be registered against the bail petitioner as well as his other family members at the behest of the complainants namely Jaideep Pal, Anup Kumar Thapa, Mukesh Kumar, Naveen Kumar Sharma, and Ashish Kumar, who alleged that bail petitioner in connivance with his other family members including one daughter namely Alisha, who resides at Dubai, cheated them by taking Rs. 1,50,000/- each, assuring that he would be arranging job for them at Dubai. Record further reveals that aforesaid complainants were sent to Dubai, where daughter of bail petitioner namely Alisha refused to entertain them and their passports were got deposited in the hotel, where they were asked to reside. It also emerge from the record that complainants had left with no money to return their country as such, they asked their family members at Nahan to send them money. At this stage, it may be noticed that other family members of bail petitioner namely Gulshan Begum (wife) and Danish Khan(son), are already on bail. The investigating agency has been not able to investigate Alisha, since she resides at Dubai.