IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Kuldeep Mathur, J.
Tarsem Singh & Ors. – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 11816, 13709, 14549, 11816 of 2022
Decided On : 21-02-2023
BAIL - CHEATING - SECTION 420, 467, 468, 471, 120-B IPC - Bail application dismissed for petitioners accused of cheating unemployed youth by creating fake office orders, appointment letters, and other documents to dupe them of money on the pretext of providing employment.
Fact of the Case:
140 unemployed youth were duped of Rs.32 lakhs by the petitioners on the false pretext of employment. The petitioners created fake office orders, appointment letters, and ID cards to deceive the victims. They demanded money in exchange for these forged documents and promised jobs in a non-existent government scheme.
Finding of the Court:
The court found that the petitioners had engaged in a criminal conspiracy to cheat innocent unemployed youth. The court noted the seriousness of the allegations and the large amount of money involved.
Issues: Whether the petitioners should be granted bail in a case involving cheating and creation of false documents to cheat a large number of unemployed youth.
Ratio Decidendi: The court held that granting bail in such a case would be detrimental to the present case and to the trust reposed by the public at large in the criminal justice system.
Final Decision: The court dismissed the bail applications of the petitioners.
JUDGMENT
Kuldeep Mathur, J. - These bail applications under Section 439 Cr.P.C. arising out of F.I.R. No.369/2022 registered at P.S. Kotwali, District Sriganganagar are being heard and decided by a common order.
2. As per the F.I.R. No.369/2022 lodged by complainant-Ravinder Singh at P.S. Kotwali, District Sriganganagar; the complainant along with 140 persons was duped of hard-earned money to the tune of Rs.32 lakhs on the false pretext of employment made by the petitioners. The complainant was informed by his known, Narendra Singh in the month of September-October, 2022 that Office of District Literacy and Continuous Education, Sriganganagar through District Literacy Authority Committee, Sriganganagar has started one programme, under which 987 volunteer teachers would be appointed for monthly remuneration of Rs.9,300. Narendra Singh further stated that he has also enrolled (admitted) two of his daughters in the aforesaid programme by making payment of Rs.20,000 each. The complainant was then introduced to Tarsem Singh, who presented himself as a Zila Samanvayak, earning Rs.29,500 from the Government against his working in the said programme. Thereafter, the complainant was introduced to Devraj, working on the post of Senior Assistant in the Office of District Literacy and Continuous Education, Sriganganagar who demanded Rs.20,000 in lieu of appointment as volunteer teacher under the aforesaid programme.
3. In furtherance of this, complainant along with 140 others paid the amount, as demanded by the petitioners which came to be deposited by various relatives of the complainant. The training commenced from 30.10.2021 in Ambedkar Bhawan, Kesarsinghpur which was later deferred by the petitioners stating unavoidable reasons. The petitioners on enquires being made regarding the deferment of training, stated that Devraj was demanding more money for resuming the training. The complainant created pressure upon the petitioners, whereupon, the resumes of the complainant and others were taken; appointment letters and ID cards were issued; further demand of Rs.2,00,000 was raised and for the transfer of said amount, bank account details were furnished. After inquiring with the concerned department, the complainant got to know that there was no such programme being run by the department. Pursuant thereto, the complainant demanded his money back and the request was turned down by the petitioners.
4. By this modus operandi, the petitioners cheated unemployed youth by making false promise of providing employment to them.
5. As per the challan, Tarsem Singh (Crl.M. (Bail) Application No.14549/2022) used his personal laptop to create forged office order, appointment letters which were then signed by Sohan Lal (Crl.M. (Bail) Application No.13709/2022) presenting himself to be Secretary of the aforesaid programme. The appointment letters were given only after approval/agreement of Devraj (Crl.M. (Bail) Application No.11816/2022). In lieu of these forged/fake appointment letters, Tarsem Singh (Crl.M. (Bail) Application No.14549/2022) used to receive money in his personal and his son’s bank account. Further, money received in cash was given to Sohanlal (Crl.M. (Bail) Application No.13709/2022) and his clerks.
6. The investigation agency procured call details and CAF ID’s of the accused-petitioners, the details whereof were provided in the challan and a bare perusal of the same reveals that there are numerous calls between the accused-petitioners during the period of offence, fortifying the fact that there was prior meeting of minds between the accused-petitioners.
7. The investigation agency has also recovered the laptop used for creating forged documents at the instance of Tarsem Singh. Recovery of office order of Office of District Literacy and Continuous Education, Sriganganagar (length- 25 pages) has been made from Devraj. Further, recovery of 696 forged documents pertaining to acceptance of commencement of work has been made from Sohanlal.
8. Learned
Bail should not be granted in cases involving cheating and creation of false documents to cheat a large number of unemployed youth, as it would be detrimental to the case and to the public's trust in....
Legitimate employment opportunities are attained solely through merit and diligent effort, and the broader societal implications inherent in cases of fraudulent promises of employment.
The judgment emphasizes the gravity of white-collar crimes and the need for severe punishment for culprits involved in cheating and criminal breach of trust.
Charge sheet has already been filed, so no purpose would be served by keeping the petitioner in J.C. for long and the maximum punishment provided for the offence for which the petitioner has been cha....
The court emphasized that bail should be granted when the charge sheet is filed and continued detention serves no purpose, unless serious risks of absconding are present.
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