High CourtsSingle Bench

Ranjit Singh vs State of H.P.

High Court Of Himachal Pradesh · Decided on 1 June 2012 · Citation: (2012) 06 SHI CK 0072

HON’BLE JUDGES
Kuldip Singh, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439 · Penal Code, 1860 (IPC) — Section 120B, 420, 467, 468, 471
RESULT
Dismissed
CASE NUMBER
Criminal M.P. (M) No. 467 of 2012
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Judgment

11 paragraphs · 921 words

Kuldip Singh, Judge

1.

This judgement shall dispose of Cr. M.P. (M) Nos. 467 and 468 of 2012 filed by Ranjit Singh and Kuldeep Kumar, respectively, u/s 439 Cr.P.C. for releasing them on bail in FIR No. 216 of 2011 dated 4.12.2011, registered at Police Station, Jawalamukhi, District Kangra, under sections 420, 467, 468, 471, 120B IPC. It has been stated that petitioners have been falsely implicated in the case, they are innocent. The investigation in the case is complete and the challan has been filed in the court, as such, no purpose will be served by keeping the petitioners in custody. The petitioners were arrested on 7.12.2011. The petitioners had filed bail applications, which have been dismissed by the learned Addl. Sessions Judge (II), Kangra at Dharamshala on 22.5.2012.

2.

The petitioners are ready to furnish bail bonds in accordance with the directions of the court. The submission has been made for releasing the petitioners on bail. The status report has been filed in Cr. M.P. (M) No. 467 of 2012.

3.

It has been stated that on 4.12.2011, Pankaj Kumar submitted an application at the police station. The complainant has stated that he and his brother Ajay Kumar talked to Kuldeep Kumar, who assured jobs to them in Assam Rifles and in Health Department. He called them in March 2011 at Chambapatan where Kuldeep Kumar, Anita Sandal, Ranjit Singh and wife of Ranjit Singh were present. The two brothers had paid Rs. 3,00,000/- each to Kuldeep Kumar, who assured that he would arrange employment to the complainant in Assam Rifles and job to his brother in Health Department. The 10th and +2 certificates were also kept by him.

4.

Kuldeep Kumar after some days told them on telephone that they were to be medically examined at Guwahati and he demanded Rs. 10,000/- each more from the complainant and his brother, which were paid and their seats from Delhi to Guwahati in the train were reserved. There were 20-25 other youths in the bogie, who were also called by them at Guwahati for medical. They took them in a hotel and their medical was conducted. The complainant and others were told that they would get call letters next month. The call letters were given to complainant and others, but the complainant etc. were told that they would give joining only when told to join by the accused, but till date joining has not been given to the complainant etc. The complainant suspected that fake call letters have been given by Kuldeep Kumar, Anita Sandal, Ranjit Singh and wife of Ranjit Singh in connivance with each other. On this, case has been registered.

5.

It has come in the investigation that Kuldeep Kumar and Ranjit Singh are real brothers. Anita Sandal is the wife of Kuldeep Kumar. They in connivance with Sanjeev Aery of Firozpur collected huge amounts in Kangra and Una Districts from youths on the pretext of giving them jobs. Kuldeep Kumar and Ranjit Singh filed anticipatory bail applications, which have been dismissed on 12.12.2011.

6.

It has come in investigation that accused have collected different amounts from 36 youths. Anita Sandal had collected Rs. 3,50,000/- from three boys, Kuldeep Kumar had collected Rs. 46,39,000/- and Ranjeet Singh had collected Rs. 24,90,000/-. Sanjeev Aery, Archana Singha and other accused in connivance with each other hatched a conspiracy to give jobs to youths in Assam Rifles and Health Department. The challan has been submitted on 6.3.2012 in the court of learned Judicial Magistrate Ist Class (2), Dehra. Anita Sandal, Archana Singha and Sanjeev Aery have been released on bail. The submission has been made for rejection of bail applications.

7.

Heard and perused the record. The learned counsel for the petitioners has submitted that investigation in the case is complete. The list of prosecution witnesses is quite long and, therefore, it is not certain how much time will be taken by the trial. The further custody of the petitioners is not necessary, some of the accused have been released on bail. The submission has been made for releasing the petitioners on bail.

8.

The learned Assistant Advocate General has opposed the bail applications. As per prosecution, petitioner Kuldeep Kumar had collected Rs. 46.39,000/-, petitioner Ranjit Singh had collected Rs. 24,90,000/- from youths on the promise of providing them jobs, but jobs were not provided to them. Incidentally, Cr. M.P. (M) No. 466/12 Ranjit Singh vs. State of H.P., Cr. M.P. (M) No. 469/12 Kuldeep Kumar vs. State of H.P. have also been listed today in the court for releasing them on bail in FIR No. 186 of 2011 dated 1.12.2011, registered at Police Station, Dehra. In those cases also, the allegations against the petitioners are similar.

9.

It has been submitted that case arising out of FIR No. 216 of 2011 has been posted for consideration of charge before the learned trial court on 11.6.2012. The petitioners collected huge amount from unemployed youths promising them jobs. The allegations against the petitioners are serious. They are not entitled to bail. In case arising out of FIR No. 186 of 2011, liberty has been given to the petitioners to repeat the bail applications after consideration of charge. Therefore, in the present bail applications also, liberty is given to the petitioners to repeat their bail applications after consideration of charge by the trial court.

10.

In view of above, both the petitions are dismissed. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case.