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High Court of Punjab and HaryanaCRM-M/21192/2018dismissed

Vijay Kumar v. State Of Haryana

2018-06-01Mr. Justice Augustine George Masih3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-21192 of 2018 (O&M) Date of Decision: June 01, 2018 Vijay Kumar ......PETITIONER(s).

VERSUS

State of Haryana ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. R.S. Rai, Senior Advocate with Mr. Kuldip Singh, Advocate for the petitioner (s).

Mr. Deepak Grewal, D.A.G. Haryana.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No.92 dated 05.04.2018 registered for the offences punishable under Sections 384, 406, 420 read with Section 120-B of Indian Penal Code and Sections 7, 8, 12 of Prevention of Corruption Act, 1988, at Police Station City Narwana, District Jind.

Heard.

The allegations against the petitioner are that he in collusion with co-accused Suresh, Dinesh and others was alluring general public with offer of their appointment in government jobs for consideration. Till date, petitioner and co-accused got appointed 9 persons through illegal means for consideration. On receipt of information, mobile number of Suresh Kumar

-2was put under surveillance by the Vigilance team of State police and his conversion was recorded which show that petitioner had talked with Suresh on 28.11.2017 and 29.11.2017. In that conversation, he had discussed about retention of about 2 lakhs out of the total amount of `45 lakhs which he got through Suresh Kumar for appointing 9 boys in government jobs. Learned counsel for the petitioner has argued that the only evidence against the petitioner is call recording. No witness has come forward to state that he has paid any amount to petitioner. The case is at the stage of investigation. Petitioner be permitted to join the investigation and police may come forward with evidence against him on the next date of hearing.

On perusal of the paper-book, I find that allegation against the petitioner are that he was running a racket to allure innocent persons with offer of government job for consideration. The recorded conversation in policy custody has record of payment of `45 lakhs which he got through Suresh Kumar to appoint 9 boys in different government jobs. Learned State counsel has argued that the petitioner along with co-accused Suresh Kumar has got appointed 9 boys through illegal means after receiving hefty amount from them. The entire racket being run by petitioner along with Suresh and other co-accused call for thorough investigation, for which custodial interrogation of the petitioner is required. On giving a careful thought to the submissions of learned counsel for the petitioner and learned State counsel, I find that allegations against the petitioner are serious in nature and the investigation carried out so far reflect his involvement in the racket of "cash for job" being run

-3by him with his co-accused. Such type of incidents not only shatter the public opinion about the system of appointment to public posts but also reflect on the working of the State machinery and call for detailed and thorough investigation for which custodial interrogation of the petitioner is required, as such, I find no reason to exercise the discretionary power of this Court to extend the benefit of anticipatory bail to the petitioner. This petition has no merits. Dismissed.

( SURINDER GUPTA ) June 01, 2018 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No