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2025 Supreme(Raj) 1378
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
CHANDRA PRAKASH SHRIMALI, J.
Kamaldeep Singh, S/o. Balwant Singh - Petitioner
Versus
State Of Rajasthan, Through PP – Respondent
S.B. Criminal Miscellaneous Bail Application No. 1577 of 2025 Connected With S.B. Criminal Miscellaneous Bail Application No. 309 of 2025
Decided On : 15-04-2025
For the Petitioner: Dr. Kshamendra Mathur
For the Respondent: Mr. Hathi Singh Jodha, PP
For the Complainants : Mr. N.K. Sharma
Present in person : Mr. Devendra Kumar, I.O., P.S. Sangaria, District Hanumangarh.
Anticipatory bail denied due to serious allegations of immigration fraud and potential threats to internal security.
Headnote:
(A) BNS Act - Sections 61(2)(a), 316(2), 318(4) - Anticipatory bail application - Petitioners apprehending arrest for cheating complainants in immigration fraud - Allegations include false promises of employment and forged documents - Court finds serious allegations related to internal security - Bail denied. (Paras 1-9)
(B) Criminal Procedure Code - Section 438 - Anticipatory bail - Court considers seriousness of allegations and potential threat to internal security before granting bail. (Paras 8-9)
Facts of the case:
Petitioners, owners of an immigration consultancy, allegedly promised complainants employment in Germany for a fee, but failed to deliver and provided forged documents.
Findings of Court:
The court found the allegations serious, involving potential threats to internal security, and thus denied bail.
Issues: The main issue was whether the petitioners should be granted anticipatory bail given the serious nature of the allegations.
Ratio Decidendi: The court ruled that the seriousness of the allegations and their implications for internal security warranted denial of bail.
Result: Bail applications dismissed.
Order :
(CHANDRA PRAKASH SHRIMALI, J.)
This anticipatory bail applications under Section 482 of BNSS (438 of Cr.P.C.) has been filed by the petitioners apprehending their arrest in connection with F.I.R. No.605/2024 registered at Police Station Sangaria, District Hanumangarh for offences under Sections 61(2)(a), 316(2) & 318(4) of the BNS.
2. Heard learned counsel for the parties. Perused the material available on record.
3. Learned counsel for the petitioners submits that as per the story of the prosecution, the complainants viz. Sachin and Khushdeep Kaur, who are resident of Sangaria stated in their complaint that accused petitioner Kamaldeep Singh is the owner of an office titled as Fateh Consultant situated at Bhagatpura Road, Sangaria, which provides immigration services to the Indian citizens. The accused petitioner Kamaldeep contacted the complainants and stated that head office of his office is at Jalandhar for emigrating Indian citizens to foreign. The complainants alongwith their friends met the accused petitioners in their office - Fateh Consultant, Sangaria, where accused petitioners offered them to emigrate to Germany for employment with the assurance that prospective company would pay a salary of Rs.2,00,000/- per month to each of them. The accused petitioners also promised them to arrange citizenship of Germany thereafter and for this purpose, they demanded Rs.9,00,000/- per person from the complainants, therefore, each of the complainants initially paid Rs.1,00,000/- to petitioner Kamaldeep Singh for this purpose. Despite receiving the money, the accused petitioners did not fulfill the aforesaid promise made to the complainants and cheated them.
4. Learned counsel for the petitioners submitted that the accused petitioners have been falsely implicated in the present case. The accused petitioners are having a valid license to run their business. The matter is with regard to the money i.e. Rs.15,80,000/- each owed from the complainants. The FIR has been lodged on the false grounds and with an ulterior motive on the extraneous considerations. There is a civil dispute between the parties which has been given a color of criminal case.
5. On the other hand, learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail applications and submitted that as per the case of the prosecution, the accused petitioners are involved in the illegal business of emigrating the Indian citizens to the foreign countries and in the present case, the role of the present petitioners in commission of the crime is very clear, as per the allegations of the complainants.
6. The SHO, Police Station Sangaria, District Hanumangarh has filed the status report dated 15.04.2025 and the same be taken on record.
7. As per the investigation done by the police, it has come on record that no hotel rooms and airline tickets had been found booked in the name of complainants viz. Sachin and Kushdeep Kaur, however, the accused petitioners fraudulently made forged airline tickets by editing the airline tickets of other passengers after downloading their booking IDs from the official website of the Make My Trip India Pvt. Limited, and grabbed the money from the complainants in lieu of that booking in their name. Thus, the accused petitioners cheated the complainants and grabbed the amount of Rs.1,00,000/- each in total sum of Rs.2,00,000/- as well as they were found to be in possession of the original passports of the complainant. It is further stated in the report that the matter is under investigation with regard to registration of firm Fateh Consultant and the forged documents prepared by the accused petitioners for the complainants to visit Hongkong. The original passports of the complainants and the amount is yet to be recovered.
8. Having regard to the facts and circumstances of the case;considering the seriousness of the allegations levelled against the petitioners, which are related to the internal security of our co
