JUDGEMENT :

1. This petition has been filed by the petitioner Vishal Bhagat seeking bail in case FIR No. 28/2019 under Sections 420,467,468.471 RPC, 170, 171, 120-B RPC registered with Crime Branch Jammu.

2. Learned counsel for the petitioner contends that before approaching this Court, the petitioner has also approached the court of learned Additional Sessions Judge, Jammu for grant of bail, which came to be rejected vide Order dated 04.07.2019

3. The facts in brief are that a written complaint has been received by the Crime Branch, Jammu wherein it has been alleged that Kulbinder Singh S/O Karnail Singh R/O Deharan Akhnoor Road near Mishriwala, Jammu, who has been dismissed from Indian Army, lures youths of Jammu by impersonating himself as Army Colonel and collected huge amounts ranging from two to five lacs for recruiting them in the India Army. The said accused has also issued various fake appointments orders in favour of various innocents youths after taking huge amount from them and he used to wear army officer’s uniform and has also kept a laptop for preparing fake orders in connivance with (1) Vishal Bhagat R/O Dream City (2) Harsh Verma @ Sahil Sharma R/O Janipur Press WaliGali (3) Ricky Chib step brother of the accused. On receipt of this complaint, a preliminary verification was conducted by the Crime Branch, Jammu and on the basis of said verification, it was prima-facie found that accused in connivance with (1) Vishal Bhagat R/O Dream City (2) Harsh Verma @ Sahil Sharma R/O Janipur Press WaliGali (3) Ricky Chib was indulging in luring the youths by inducement and provides them fake orders after receiving huge amounts from them. Accordingly, a case FIR No. 28/2019 under Sections 420,467,468.471 RPC, 170, 171, 120-B RPC was registered with Crime Branch Jammu against (1) Kulbinder Singh S/O Karnail Singh, R/O Deharan, Akhnoor Road, near Mishriwala, (2) Vishal Bhagat R/O Dream City (3) Harsh Verma @ Sahil Sharma R/O Janipur Press Wali Gali (4) Ricky Chib and the investigation of the case was taken up and vide order dated 24.05.2019 a SIT was constituted under the supervision of Dy. Superintendent of Police, Crime Branch, Jammu. During the course of investigation, inquiry report file consisting (1) leaves and 08 photographs were seized and statement of the complainant along with witnesses under Section 161 Cr.PC were recorded and, accordingly, accused (1) Kulvinder Singh @Vicky son of Karnail Singh R/O Village Deharan, Tehsil Bhalwal, District Jammu (2) Sunil Singh @ Vicky son of Karnail Singh R/O Village Deharan, Tehsil Bhalwal, District Jammu and (3) Vishal Bhagat S/O Subash Chander R/O Lale-da-Bagh Lower Barnai, Jammu were arrested and interrogated.

4. Learned counsel for the petitioner contends that the petitioner was working at the residence of one Kulbinder Singh, an Ex-Army Officer and used to get monthly wages from the said Army Officer and was doing his domestic works at his residence at Lower Roop Nagar, Jammu. It is contended that the petitioner was never aware of the business activities, source of income of his employer and used to get his monthly wages in view of the work performed by him at the residence of said Army Officer. It is also contended that the Crime Branch raided the residence of Kulbinder Singh and while the petitioner was performing his duties in routine he was also taken into custody and later was levelled as an conduit of said Kulbinder Singh and fictitious story was planted by the Crime Branch that he has been activating in collusion with Kulbinder Singh for extracting money from the people. Learned counsel for the petitioner also contends that the petitioner has nothing to do with the activities of Kulbinder Singh and being an unemployed 12th pass, he was working as domestic servant only and had no access or knowledge about the business/source of income/activities of Kulbinder Singh, an Ex-Army Officer. He further contends that there is absolutely no evidence linking the petitioner with the