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2002 Supreme(Chh) 37

2002(1) C.G.L.J. 384
HIGH COURT OF CHHATTISGARH, BILASPUR
Fakhruddin, Vacation, J.
Dinkar Rao Waretwar – Appellant
Vs.
State Of Chhattisgarh – Respondent
M.Cr.C. No. 1264 of 2002
Decided on : 22/5/2002

The seriousness of the offence and its impact on society can be grounds for denying anticipatory bail, even in the presence of a possible compromise.

Headnote:

Anticipatory Bail - Cheating for Employment - The court denied anticipatory bail to the applicant who was alleged to have obtained money on the pretext of providing a government job, affecting the confidence of the poor unemployed and society.

Fact of the Case:

The applicant obtained Rs. 90,000 from the complainant on the pretext of providing a government job, leading to a loss of confidence for the poor unemployed.

Finding of the Court:

The court found that the seriousness of the offence, the manner in which it was committed, and the impact on society warranted denial of anticipatory bail, despite a possible compromise between the parties.

Issues: The main issue was whether the applicant was entitled to anticipatory bail for the alleged offence of cheating for employment.

Ratio Decidendi: The court considered the larger interest of society and the seriousness of the offence, emphasizing that the possibility of cheating others in a similar manner did not entitle the applicant to anticipatory bail.

Final Decision: The application for anticipatory bail was denied and dismissed by the court.

ORDER

Fakhruddin, Vacation J.

Heard.

1. This application has been filed under Section 438 of Cr.PC for grant of anticipatory bail.

2. It is alleged in the prosecution that the applicant obtained Rs. 90,000/- from the complainant on the pretext that the applicant would provide a Government job to the complainant.

3. Now-a-days such offences like providing a job by assuring false promises are quite increasing day by day. The main reason is unemployment which is an advantage being taken and due to this, the poor persons are deprived of.

4. The applicant is alleged of obtaining Rs. 90,000/- on the pretext of providing employment affecting the confidence of poor unemployed as well as society. Such offences and cheating the public are becoming a source of livelihood. The allegations levelled against the applicant are that applicant has applied cheap design to cheat the poor unemployed persons who fell prey to such design for getting the job and get cheated by the persons like applicant.

5. Having thus considered and heard learned Counsel for the parties, in the opinion of this Court, in the larger interest of the people of the Society and the seriousness of the offence as alleged, notoriety and the manner in which the offence has been committed by the petitioner, he is not entitled for grant of bail.

6. It is stated by the learned Counsel for the applicant that both applicant and the complainant have compromised in this matter and the amount has been refunded. The offence is non- compoundable and in the opinion of this Court, merely on the basis of some compromise even if arrived at, would not entitle applicant to get anticipatory bail as the applicant is alleged to have cheated the complainant for committing such offences like providing job by giving false pretexts and by way of such scandalous methods collected money from him. The learned Counsel for the State contended that the possibility of cheating some other person for much more amount and get rid of the other one does not entitle him for anticipatory bail. This Court finds force in submission made by State Counsel.

7. Having considered the facts and circumstances of the case, material available on record and in view of foregoing submissions, so far as the grant of anticipatory bail is concerned, no case for grant of anticipatory bail has been made out, as prayed.

Accordingly, this application fails and is dismissed.

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