Palak Sachdeva v. State
$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3214/2019 PALAK SACHDEVA ..... Petitioner Through:
Mr.Haneef Mohammad & Mr. Anil Vyas, Advocates versus STATE ..... Respondent Through:
Ms.Meenakshi Dahiya, APP for State With SI Jarnail Singh, PSJanakpuri
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
O R D E R
% 05.02.2020 The status report of the State has been placed on record. The Trial Court Record in the e-form has been received. Submissions have been made on behalf of the either side qua the application filed on behalf of the applicant seeking grant of bail under Section 439 Cr.P.C. r/w Section 482 Cr.P.C., 1973. It has been submitted on behalf of the applicant that the applicant has been falsely implicated in the instant case and that the name of the petitioner is Palak Sachdeva whereas the name given during the course of investigation is Palak Sachdeva @ Priya is erroneous. The copy of her marksheet of the Delhi University has been submitted on record which indicates that the name of the
applicant is Palak Sachdeva with it having been sought to be submitted on behalf of the applicant that Priya was a person who worked in the company of Ishpreet, the co-accused stated to be person running the Blackstone Migration Services, Janakpuri West, and that the said Ishpreet is already on bail granted vide order dated 28.1.2020 during the course of bail application 423/2020 by the ASJ concerned itself. It has been submitted on behalf of the applicant that no Test Identification Parade was conducted in relation to the applicant qua which it has been submitted on behalf of the State that there are witnesses who had identified the applicant at the Police Station as being one of the persons who had received the money at the time when they went to the office at the Blackstone Migration Services, Janakpuri, for getting passports made to go to Canada for which they had been allegedly allured into and duped by the accused persons in this case.
The status report that has been submitted by the State states to the effect that the accused persons Ishpreet, Karan Kumar, Palak Sachdeva @ Priya, i.e.,the applicant, Akanksha and Kulwinder used to run an immigration office in the name and style of Blackstone Migration Services, at B-1/632,Janakpuri, Delhi and that they operated the said office from August, 2018 to April 2019 and duped several persons of lakhs of rupees on the pretext of sending them abroad on work VISA and that they closed their office in April and escaped with the money and passport of the complainants and that there were total of 56 complainants and 6 of the complainants were
also provided with fake work VISAs. Inter alia, it has been submitted through the said status report that during the course of investigation on 22.5.2019, the accused person Palak Sachdeva, i.e., the applicant, Ishpreet Singh, Karan Kumar and Akanksha were arrested from their stated hideout at J-102, Jaipuria Green Sunrise Apartment, VIP Road, Zirakpur, Patiala, Punjab and the passports of 136 persons, a verna car, 13 mobile phones and 30 SIM Cards, one laptop were recovered from their possession. It is further indicated through the status report that in their disclosure statement the accused persons had stated that they have duped near about 200 persons and they used to provide fake offer letters of foreign companies.
It is further submitted through the status report that fake visas and fake offer letters were found in the storage of the accused Ishpreet Singh's laptop and that the same has been sent to FSL, Rohini for examination and that the soft copy of the fake visas were found in the mobile phone of the co-accused Ishpreet Singh and that the same has been verified from the Ministry of External Affairs which were found fake and forged. In reply to a specific Court query, it has been submitted on behalf of the State that no such recovery of any of the fake visas was effected from the applicant.
It is reiterated on behalf of the State that the applicant used to allure the complainants through telephone calls and also used to conduct the counselling of the aspirants and work out the paper formalities and that as per the status report, the mastermind of the stated scam was Ishpreet Singh who would provide her share of the cheated money in cash.
petitioner that no investigation has been conducted by the Investigating agency in relation to any monies deposited into the account of the applicant which has not been so refuted on behalf of the State.
It has been submitted on behalf of the State that there are proceedings under Section 82 Cr.p.C. initiated against one Sharvan Chaudhary and two other persons named Kulwinder Singh Sidhu and Amardeep Singh @ Kaka having been declared proclaimed offenders. It has been submitted through the status report that the large amount of money to the tune of Rs.28,99,880/- is involved in the matter. Investigation in the matter is complete as informed on behalf of the State in reply to a specific Court query.
The proceedings in the bail application No. 423/2020 dated 28.1.2020 of the co-accused Ispreet Singh, the stated kingpin of the entire alleged conspiracy alluring and duping person who is on bail indicates that the Investigating Officer has made a statement that whatsoever documents were required to be seized have already been seized by the Investigating Officer and that even the co-accused Ishpreet Singh was not required for the purpose of investigation in the instant case.
In reply to a specific Court query as submitted on behalf of the State that the charge sheet having already been filed in the instant case with it having been informed that there are no previous
antecedents of the applicant, with the applicant stated to be in custody since 23.5.2019, the applicant is allowed to be released on bail on her furnishing a personal bond in the sum of Rs.1,00,000/- with one surety in the like amount to the satisfaction of the learned Trial Court with the directions that the applicant shall not leave the country and shall appear before the learned Trial Court as and when directed. The Bail Appln. No. 3214/2019 is disposed of. Copy of the order be given Dasti, as prayed.
ANU MALHOTRA, J FEBRUARY 05, 2020/SV