NISHI KANT Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under Sec. 438 of the Code of Criminal Procedure for releasing him on bail, in the event of his arrest, in case FIR No. 53 of 2018, dtd. 25/6/2018, under Ss. 420 and 120B IPC, registered in Police Station Sujanpur, District Hamirpur, Himachal Pradesh.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He is joining and co operating in the investigation, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 25/6/2018 complainant, Shri Rajesh Kumar, made a complaint to the Whether reporters of Local Papers may be allowed to see the judgment Yes police alleging that in the month of December, 2017, the petitioner contacted him through facebook and disclosed that he is working in Dubai in some company. The petitioner told the complainant that there is a vacancy in his company and he can manage to get complainant's working viza. The petitioner allured the complainant that the salary is handsome and he demanded Rs.1,50,000.00 , so the complainant deposited Rs.30,000.00 in account No. 33039370597 and on 27/12/2017 the petitioner sent "Tourist Visa", and when the complainant asked as to why he sent "Tourist Visa", he demanded rest of the money. On 28/12/2017 the complainant deposited Rs.1,20,000.00 in account No. 33039370597. In the month of January, 2018, the petitioner came to his native place and when the complainant asked him about the job, he told him that there are two vacancies in the company and one more person is required, so the complainant asked his cousin brother about the job. Likewise, the cousin brother of the complainant deposited Rs.2,00,000.00 in the account of the petitioner. In the month of February, 2018, the petitioner informed them that their visa alongwith offer letter of company have come. The petitioner further told the complainant to get prepared Global ATM card and they were asked to come to Delhi and on 13/4/2018 they took flight to Dubai. However, on Dubai airport, the complainant and his cousin brother were not allowed and they were asked that their visa is wrong and the person, who managed the same has cheated with them. So, they took flight back to Delhi and the petitioner also came with them. The petitioner made to stay the complainant and his cousin brother at Delhi for three days and thereafter the petitioner fled away. As per the complainant, the petitioner, on the pretext of getting a good job for them, cheated them. On the anvil of the complaint, so made by the complainant, police registered a case against the petitioner and the investigation ensued. Statements of the witnesses were recorded and the investigation revealed that two more accomplices were with the petitioner, who cheated many persons. Account details qua the accounts of the petitioner and his accomplices were obtained. The investigation further revealed that the petitioner only got "Tourist viza" for the complainant and his cousin brother. Accused Ashu was arrested on 10/8/2018 and as he had refunded the money to the persons cheated, the learned Trail Court granted bail to him. The petitioner has deposited Rs.40,000.00 each in the accounts of the complainant and his cousin brother and now he has to pay Rs.1,12,000.00 to the complainant and Rs.1,60,000.00 to the cousin brother of the complainant. Lastly, the prosecution has prayed that the bail application may be dismissed.