Anil Kumar v. State Of Haryana

CRM-M No. 7960 of 2016 -1- In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 7960 of 2016 Date of Decision: 12.4.2016.

Anil Kumar ........Petitioner

Versus

State of Haryana .......Respondent CORAM: HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA.

Present:

Mr. Pavan Malik, Advocate for the petitioner.

Mr. Anmol Malik, AAG, Haryana.

**** TEJINDER SINGH DHINDSA, J.

Petitioner seeks benefit of regular bail pending trial in FIR No. 517 of 15.9.2015, under Sections 419, 420, 467, 468, 471, 120-B of the Indian Penal Code, 1860, registered at Police Station Central Faridabad.

Counsel for the parties have been heard.

FIR came to be registered at the instance of Trilochan Bhatia, who stated that he had worked as a helper in M/s Lakhani Rubber Udyog, Faridbad from 28.1.2001 to 27.8.2014 which is now closed. His PF used to be deducted and was deposited in his account which is maintained with Punjab National Bank. Complainant asserted that on 5.8.2015, when he went to withdraw money from the PF fund, then he was informed that the entire amount of PF i.e. ` 2,35,223/- already stands withdrawn and there is no amount outstanding in the account. Complainant had alleged that some person had impersonated for him and on the strength of GURPREET SINGH 2016.04.12 17:13 I attest to the accuracy and authenticity of this document chandigarh

CRM-M No. 7960 of 2016 -2forged and fabricated documents had withdrawn the amount. It was a blind FIR.

During the course of investigation, the present petitioner has been implicated on the basis that he had opened an account in the bank in question i.e. Punjab National Bank in the name of Trilochan Bhatia on the basis of forged documents and after having got the amount from the PF account transferred into the fake account, had withdrawn the total sum.

Petitioner was arrested on 17.9.2015.

The issue as regards opening of a fake account, submitting an application for transfer of PF money into such fake account and withdrawal of money thereafter, is an issue which would require appreciation of evidence to be led before the Trial Court.

Petitioner has already faced incarceration since 17.9.2015.

Without making any observations on merits, petitioner is held entitled to the benefit of bail.

Petition is allowed. Petitioner be enlarged on bail subject to satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Faridabad.

(TEJINDER SINGH DHINDSA) JUDGE April 12, 2016 Gurpreet GURPREET SINGH 2016.04.12 17:13 I attest to the accuracy and authenticity of this document chandigarh