IMPORTANT POINT
The court established that involvement in serious fraudulent activities, supported by substantial evidence, is a valid ground for denying bail.

JUDGMENT :

ANOOP CHITKARA, J.

1. The Petitioner incarcerated in the FIR captioned above has come up before this Court under Section 439 CrPC seeking bail.

2. In paragraph 26 of the bail petition, the accused declares that he has no criminal antecedents.

3. Petitioner’s counsel prays for bail by imposing any stringent conditions and are also voluntarily agreeable to the condition that till the conclusion of the trial, the Petitioner shall keep only one mobile number, which is mentioned in AADHAR card, if any, and within fifteen days undertakes to disconnect all other mobile numbers. The Petitioner contends that custodial interrogation and pre-trial incarceration would cause an irreversible injustice to the Petitioner and family.

4. The State opposes bail.

REASONING:

5. Prosecution case is being taken from status report dated 09.05.2024 filed by concerned DySP which reads as under:

“2. That brief facts of the case are that on 09-12-2023, SI Shyam Sunder was present at the Police Station, he received complaint submitted jointly by Rishipal son of Mehar Singh, Virender son of Vijay, Rakesh Kumar son of Amarnath and Siya son of Kali Ram addressed to Superintendent of Police Karnal. It was stated in the complaint that they came in contact with Parveen son of Ranbir Singh resident of Kurukshetra; who told them that he would send their children abroad and he has links with several officers and politician; he can get the work permit for Canada and procure a job; the future of children would be bright; they all fell for his words; Vijender was also present with Parveen; Vijender told that they had already sent about 500 children abroad: Parveen and Vijender are both Principal at Gurukul Pundri; they both got acquainted them with a man at Karan Lake; the name of that man they disclosed as Rajinder resident of Mohali; they were told that Rajinder is owner of R.D.Enterprises that children would be send abroad within three months; the payment was to be made at the earliest; if the payment is made today then the process would be initiated today itself or else the matter would be delayed. Upon faith on all three of them; complainant Rishipal transferred an amount of Rs.50,000/- by Google Pay on 19.08.2022; Rs.50,000/- by Google Pay on 20.08.2022; Rs.2,00,000/- through cheque bearing no. 000458; Rs. 12,00,000/- through RTGS on 29-08-2022 from account no. 915030038741782 in the name of Parveen; Rs.60,000/- by Google Pay on 14.06.2023; Rs.15,000/- by Google Pay on 15.06.2023 in the name of Parveen Kumar (son of Raghbir Singh) account no. 17160001020450025; Rs.5,00,000/- cash on 10.08.2023 to Vijender resident of Kurukshetra; complainant Virender transferred Rs.2,00,000/- through RTGS on 06.09.2022; Rs. 2,00,000/- through RTGS on 27-09-2022 and, complainant Rakesh transferred Rs.2,00,000/- through RTGS on 22-07-2022; Rs. 1,00,000/- through cheque on 18-08-2022, Rs.90,000/- through Google pay on 26.08.2022; Rs.10,000/- through Google pay on 27.08.2022 in the name of Parveen son of Raghbir account no. 17160001020450025; complainant Siya Ram transferred Rs.5,00,000/- through RTGS on 18.08.2022 in the account of R.D. Enterprises A/C 10080808292, total amount of Rs. 3375000/- was given to these peoples; they committed cheating with us; they used to take the complainant and others to Chandigarh several times and used to state that work would be done; in this manner they made complainant and others run from the pillar to post; these people are indulge in ‘kabootarbazi’ and usurp people’s money; when they demanded their money back; they gave threat of life and stated that they would be done to death and thrown to a place where the police would not be able to trace out; legal action may be taken. On this complaint, a case bearing FIR No. 779 dated 09.12.2023 U/S 406/420 of IPC Police Station Gharaunda was