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(2022) Law Today Live Doc. Id. 16557
Decided on:10.02.2022
Present:
Mr. Rajesh Gupta, Advocate for the petitioner.
Mr. Kanwar Sanjiv Kumar, AAG Haryana.
Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Indian Penal Code, 1860 (45 of 1860), Sections 420, 467, 468, 471 – Cheating and forgery – Regular bail -- Petitioner in custody since 06th October, 2021, allegations levelled against the petitioner was to the effect that he had demanded a sum of Rs.2 lakhs from the complainant to get her an appointment in the Human Rights Commission and had also received a sum of Rs.20,000/- towards the same – Investigation in the matter is complete and it is a Magisterial trial -- Charges in the case are yet to be framed – Considering the custody period of the petitioner and the fact that petitioner is no longer required for investigation, Court deemed it appropriate to enlarge the petitioner on bail.
(Para 2-6)
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VINOD S. BHARDWAJ. J. (ORAL) –
1. This case has been taken up through Video Conferencing via Webex facility in the light of Pandemic Covid-19 situation and as per instructions.
2. Instant petition has been filed under Section 439 CrPC for grant of regular bail to the petitioner in case FIR No.208 dated 24.03.2021 under Sections 420, 467, 468 and 471 of the IPC registered at Police Station City Sonipat.
3. Learned counsel for the petitioner inter alia contends that the petitioner is in custody since 06th October, 2021. The allegations levelled against the petitioner was to the effect that he had demanded a sum of Rs.2 lakhs from the complainant to get her an appointment in the Human Rights Commission and had also received a sum of Rs.20,000/- towards the same. It is further submitted that the investigation in the case is complete and the final report already stands filed on 20th December, 2021. The petitioner is no longer required for the purpose of investigation of the case, which is a Magisterial trial.
4. Learned State counsel opposes the bail on the ground that the petitioner has indulged in cheating gullible people on the pretext of securing job. It is, however, acknowledged by the learned State counsel that investigation in the matter is complete and it is a Magisterial trial. Charges in the case are yet to be framed and the case is now fixed for 15.02.2022 before the trial Court.
5. Heard learned counsel for the parties and perused the material on record.
6. Without going into the merits of the controversy and considering the custody period of the petitioner and the fact that petitioner is no longer required for investigation, I deem it appropriate to enlarge the petitioner on bail.
7. Accordingly, the present petition is allowed and the petitioner is admitted on regular bail subject to his furnishing bail bonds/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned.
8. It is made clear that the petitioner shall not extend any threat and shall not influence any prosecution witnesses in any manner directly or indirectly.
9. The observation made hereinabove shall not be construed as an expression on the merits of the case and the trial Court shall decide the case on the basis of available material.
Petition allowed.
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