BHARAT BHUSHAN Vs. UT OF JK

JUDGEMENT

(1.) The instant bail application has been filed by the applicant for grant of bail in FIR No. 28/2019 (herein after for short the FIR) registered in Police Station Crime Branch, Jammu, for commission of offences under sections 420, 467, 468, 471, 170, 171,120B RPC, after his application for bail, filed earlier before the court of the Additional Sessions Judge, Jammu (herein after for short trial court) came to be dismissed on 02-06- 2020.

(2.) The background facts as stated by the applicant in the application under the cover of which the applicant seeks bail are that upon being falsely implicated in the aforesaid FIR, he was arrested in the month of June, 2019 where upon he preferred an application for grant of bail before the trial court, which remained pending before the trial court for consideration on account of outbreak of pandemic Covid-19 and subsequent lockdown, compelling him to prefer another application before the trial court in continuation to the earlier pending application seeking thereby consideration of the same through virtual mode. It is being stated in the application by the applicant that the said bail application came to be dismissed by the trial court on 02-06-2020 without affording him an opportunity of hearing through virtual mode. It is being further stated that the trial court declined bail to the applicant without considering the material available before it and in the process passed perverse order. It is being further stated that while declining bail, the trial court passed the order supra committing grave illegality. It is being further stated by the applicant that a charge sheet arising out of the above FIR came to be filed before the trial court wherein it is alleged that the Crime Branch received a complaint, wherein it had been alleged that one Kulbir Singh (accused No. 1), a dismissed Army personnel lured youth of Jammu by impersonating himself as Army Colonel, collected huge amounts of money ranging from Rs. 2 to 5 lacs for recruiting the said youth in Indian Army and issued fake appointment orders to them cheated them, and committed fraud by inducing the said youth to part with huge amounts of money. It is being further stated in the application that upon registration of FIR supra and during the course of investigation two more accused persons viz. accused no. 2 and 3 came to be arrested, however, the applicant was not arrested or interrogated till June, 2019 and it was subsequently that the applicant was implicated in the FIR for having conspired with other accused persons in the commission of offences. It is being further stated in the application that only one witness is cited against the applicant in the charge sheet by the prosecution. The applicant further states in the application that he was implicated falsely in the aforesaid case and that even the applicant's son was issued an appointment order by the main accused. The applicant further states in the application that there exists no material against the applicant connecting him with the commission of alleged offences and that in fact the applicant rather was a victim himself. It is being further stated in the application that there is no witness cited by the prosecution in order to prove that the applicant was involved in the collection of money or luring of youth for providing them fake appointments. The applicant in the application has further stated while complaining against the trial court order supra that the trial court committed grave illegality in dismissing his bail application. The applicant further states in the application that the offences he is implicated in are not of grave nature punishable with either life or death and further states that he is in custody for last more than twelve months and his detention as such will not serve the interests of prosecution and that further on account of pandemic Covid-19, the applicant becomes entitled to bail under the guidelines framed by a High Power Committee constituted pursuant to the directions of the Apex Court. The applicant in the application further states that one co-accused namely Prem Paul whose earlier bail application had also been dismissed by the trial court, has been granted bail by this Court vide order dated 14- 07-2020 passed in bail application No. 85/2020, as such, applicant also deserves grant of bail.

(3.) Per contra non-applicants in the objections filed in opposition to the instant application have sought dismissal of the application on the premise that the applicant is involved in the Commission of serious, grave and reprehensible nature of offences having duped and lured the complainant and others after inducing them to part with their hard earned money on the promise of providing jobs to them in the Indian Army. It is being further stated in the objections that the applicant intentionally, voluntarily and knowingly hatched a criminal conspiracy with other accused persons to cheat innocent un-employed youth of Jammu and Kathua and that after receiving a complaint from the complainant and upon holding an enquiry, FIR supra came to be registered against Kulbir Singh, Vishal Bhagat, Sahil Sharma, Ricky Chib and others and that after undertaking an investigation under the supervision of Dy.SP Crime Branch, accused persons namely Kulbir Singh, Sunil Singh Alias Ricky Chib and Vishal Bhagat came to be arrested on 24-05-2019 and after conducting searches of the said accused persons recoveries thereof were also made. It is further stated in the objections that during the course of investigation accused Kulbir Singh revealed that he was working in the Army and served there for a period of ten years and it is also being stated that he confessed to have prepared fake orders in the name of Indian Army obtaining amounts of money from the complainant and other youth against the said orders.