IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
N.S. SHEKHAWAT, J.
Uday Mehta – Petitioner
Versus
State of Haryana – Respondent
CRM-M NO. 50189 of 2022
Decided On : 28-08-2023
| Table of Content |
|---|
| 1. background of fir registration and fraud details. (Para 1 , 2) |
| 2. defense arguments by the petitioner. (Para 3) |
| 3. prosecution's case against the petitioner. (Para 4 , 5 , 6) |
| 4. past case references and the seriousness of the offence. (Para 7 , 8) |
| 5. court's reasoning on the gravity of fraud. (Para 9 , 10) |
| 6. dismissal of the bail application. (Para 11 , 12) |
JUDGMENT
N.S.Shekhawat, J.
The present petition has filed by the present petitioner under Section 4 39 Cr.PC with a prayer to grant regular bail to him in a case arising out of FIR No.267 dated 17.05.2022, registered under Sections 4 20 , 506 and 120-B of IPC and Section 3 ,4,5 and 6 of Price Chits and Money Circulation Scheme (Banning Act), Police Station Civil Lines, Hisar, District Hisar (Annexure P-1).
2. The FIR in the present case was got registered by Chander Shekhar son of Anil Kumar, resident of Patel Nagar, Hisar by alleging that few days ago, he received a call on "telegram" and the caller disclosed his name as Aina and said that they had an app. namely WinMoney, which is android link chain app and the same was approved by Government of India. It deals in chit fund schemes and several persons had invested their money in the scheme. The caller induced the complainant to invest in the scheme and he had deposited a sum of Rs.12 to 15 lacs in the said 04 IDs of the application from the different bank accounts. For sometime, the complainant was paid the commission, but later on when the complainant checked the application, he came to know that the payment was stopped and his IDs and accounts were blocked. Later on, the complainant received a call on telegram that in case the complainant deposited Rs.80,000/- in their account, his payment in the WinMoney application would be paid to him. However, the complainant told him that he had already deposited his entire amount in WinMoney app. and he was not left with anything more. The caller gave his mobile No.9773524619 to the complainant and gave his ID Guruji.jil2@yblto him and asked him to deposit the amount in the same. When the complainant talked to one Aina on telegram, he was told that they had defrauded people through WinMoney app. and he could do whatever he wanted. With these allegations, the FIR in the present case was registered against Aina and other accused.
3. Learned Senior counsel appearing on behalf of the petitioner vehemently argued that the petitioner has been falsely involved in the present case. The only evidence against the petitioner is the disclosure statements suffered by the co-accused, which carried no evidentiary value. Learned Senior counsel further submitted that even otherwise the FIR was registered against the some unknown persons and he has been falsely involved with the aid of Section 120-B IPC by alleging that he had withdrawn Rs.20.90 crores from the account of co-accused Sachin Gudalia and deposited with R.K Enterprises, Ahemdabad. Thus the only role, which is attributed to the petitioner is that he used to transfer money from one account to another. Learned senior counsel further submits that the investigating agency had thoroughly investigated the matter, but could not collect any evidence to show that the petitioner had played any active role in defrauding the public or had made false allurement to anyone. Learned senior counsel further submitted that the investigation in the present case has already been completed and the final report under Section 173 (2)Cr.PC stands presented against the petitioner. Further, there is no other case against the present petitioner and has been in custody since 29.06.2022. Thus, the petitioner is entitled for grant of concession of bail by this Court.
4. On the other hand, learned State counsel submitted that as per the investigation, Uday Mehta (petitioner) is one of the main accused, who has conspired with the other accused and cheated the innocent and poor persons and committed serious economic offence, It has come on record that Acco
The court balanced the right to personal liberty with the need for the accused's presence at trial, emphasizing that continued custody should be based on the risk of interference in the administratio....
Bail should not be denied solely based on the seriousness of the charges; considerations must include the necessity of ensuring the accused's presence at trial and not obstructing justice.
The court's decision to grant bail was based on the completion of investigation, primarily documentary evidence, and the accused's custody for the past year, in line with the principles laid down by ....
The delay in trial, seriousness of economic offences, and the larger interest of the public are crucial factors in determining bail applications for serious economic offences.
The court granted bail under the PMLA, emphasizing the lack of sufficient evidence linking the applicant to money laundering, and highlighting the necessity for a predicate offence to substantiate ch....
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