Kuldeep Singh v. State Of Punjab

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-30896 of 2015 (O&M) .....

Date of decision:16.9.2015 Kuldeep Singh

...Petitioner

v.

State of Punjab

...Respondent

....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. Munish Behl, Advocate for the petitioner. Ms. Simsi Dhir Malhotra, Deputy Advocate General, Punjab for the respondent-State.

.....

Inderjit Singh, J.

The petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.95 dated 9.6.2015 registered for the offences under Sections 420, 465, 467, 468, 471 and 120-B IPC and Section 12 of Passports Act, 1967 at Police Station Division No.7 Jalandhar, District Jalandhar.

Notice of motion to Advocate General, Punjab. On the asking of the Court, Ms. Simsi Dhir Malhotra, learned Deputy Advocate General, Punjab has put in appearance on behalf of the respondent-State and accepted notice and contested this petition. Police record is also available.

I have heard learned counsel for the petitioner and learned Deputy Advocate General, Punjab appearing for the respondent-State and HARPAL SINGH PARMAR 2015.09.18 10:30 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-30896 of 2015 (O&M) [2] have gone through the record.

From the record, I find that the FIR in the present case has been registered on the basis of a secret information against the accused and other persons that the petitioner in connivance with agents at Delhi, namely, Kamaljit Singh alias Happy resident of New Delhi, Bobby resident of Rohni, New Delhi and Bhatti owner of Green Chilli Dhaba, Near Tilak Nagar, New Delhi trap innocent persons of different cities of State of Punjab and allure them for sending them abroad, obtain huge amount from them and prepare false and fictitious documents. As per the allegations against the present petitioner six passports have been recovered from him. The statements of so many witnesses have been recorded during the investigation in which those persons have stated regarding giving of money and passports to these persons including the petitioner. Challan has been presented in the Court. No witness has been recorded in this case. The case is at preliminary stage. There is every likelihood of tampering with the evidence.

Keeping in view the facts and circumstances of the present case, nature and gravity of the offences, I do not find it a fit case where the present petitioner is entitled to the benefit of regular bail at this stage. Therefore, finding no merit in this petition, the same is dismissed.

September 16, 2015.

(Inderjit Singh) Judge *hsp* HARPAL SINGH PARMAR 2015.09.18 10:30 I attest to the accuracy and authenticity of this document Chandigarh