Mirza Khader All Baig, , Viqar v. The State Of Telangana

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.4436 of 2017 ORDER:

This petition is filed, by the petitioner/accused No.1, under Section 438 Cr.P.C. seeking anticipatory bail in Crime No.78 of 2017 on the file of the Station House Officer, Falaknuma Police Station, Hyderabad City, registered for the offence punishable under Section 420 I.P.C.

2.

The learned counsel for the petitioner submitted that the petitioner has nothing to do with the alleged offence. He further submitted that even if the allegations made in the complaint are ex facie taken to be true and correct, no prima facie case is made out against the petitioner for the offence punishable under Section 420 I.P.C; therefore, it is a fit case to grant pre-arrest bail to him. 3.

The learned Additional Public Prosecutor submitted that the petitioner along with the other accused induced the victim woman to go to Saudi Arabia assuring that they will provide beautician job to her. He further submitted that accused Nos.2 and 3 are absconding from the date of registration of the case. He also submitted that the investigation is in progress; therefore, it is not a fit case to grant pre-arrest bail to the petitioner. 4.

A perusal of the record reveals that one Mohd. Asif is the de-facto complainant. As per the prosecution version, the petitioner herein along with the other accused induced the victim woman that she will get beautician job if she goes to Saudi Arabia. It is the further case of the prosecution that basing on the promise

made by the petitioner and others, the victim went to Saudi Arabia, but could not get any job and suffering a lot. The gist of the allegations made in the complaint is that the petitioner herein along with the other accused induced the victim to go to Saudi Arabia. The petitioner filed Crl.M.P.No.1608 of 2017 on the file of the Court of the IV Additional Metropolitan Sessions Judge at Hyderabad seeking pre-arrest bail and the same was dismissed on 01.06.2017 and there is no change in the circumstances from that date. The record reveals that the investigation is in progress. 5.

Taking into consideration the nature of the offence alleged to have been committed by the petitioner and also the stage of investigation, this Court is of the considered view that it is not a fit case to grant bail to the petitioner.

6.

Accordingly, the Criminal Petition is dismissed. ________________________ T.SUNIL CHOWDARY, J Date: 07.08.2017 Ivd