Abdul Rauf v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on :02.08.2024 ABDUL RAUF . . . Petitioner(s)

Versus

STATE OF HARYANA . . . Respondent(s) CORAM: HON'BLE MS. JUSTICE KIRTI SINGH PRESENT: Mr. Vivek Goyal, Advocate for the petitioner(s).

Mr. Gaurav Bansal, DAG, Haryana.

Mr. Raghav Bali, Advocate for Mr. Pankaj Bali, Advocate for the complainant. **** KIRTI SINGH , J. (Oral) The jurisdiction of this Court under Section 439 Cr.P.C. has been invoked for grant of regular bail to the petitioner in case FIR No.767 dated 18.08.2022 under Sections 406, 420, 467, 468, 471 of IPC and Section 24 of Immigration Act registered at Police Station Sadar Karnal, District Karnal.

2.

Learned counsel for the petitioner submits that the allegations against the petitioner are that the petitioner along with co-accused committed a fraud of Rs. 40,80,000/- on the pretext of sending Ashish, Rahul, Neeraj and others abroad and for securing a job there. However, the petitioner and the co-accused forged visa and stamps and supplied same to them presenting the forged visas and stamps to be genuine. He further contends that the matter has been amicably settled between the parties as per Annexure P-6. He also submits that co-accused(s) have been granted concession of regular bail by this Court vide order dated 06.12.2023 in CRM-M-55115-2023 and CRM-M-45175-2023.

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Learned State counsel on instructions from SI Umesh and learned counsel for the complainant has verified above factual aspect. 4.

Learned State counsel has filed status report dated 24.07.2024 and custody certificate dated 01.08.2024 in Court today, which are taken on record. As per the custody certificate, the petitioner has undergone actual custody of 06 months and 06 days.

5.

Heard.

6.

The veracity of the allegations leveled against the petitioner shall be established during the course of the trial. Admittedly, the petitioner has undergone actual custody of 06 months and 06 days and he is not involved in any other criminal case. It is also apparent that the matter has been amicably settled between the parties. Consequently, the petition is allowed and order dated 15.04.2024 is made absolute. 7.

The petitioner shall also abide by the following conditions:- (I) The petitioner will not tamper with the evidence during the trial.

(II) The petitioner will not pressurize/intimidate the prosecution witness(s).

(III) The petitioner will appear before the trial Court on the date fixed, unless personal presence is exempted.

(IV) The petitioner shall not commit an offence similar to the offence of which he is accused of, or for commission of which he is suspected.

(V) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of bail before this Court.

9.

However, nothing stated above shall be construed as a final expression of opinion on the merits of the case and the trial Court would proceed independently of the observations made in the present case which are only for the purpose of adjudicating the present bail petition. (KIRTI SINGH) JUDGE 02.08.2024 Kavita Nain Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No