Ravish v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M-35915-2019 (O&M).

Decided on: December 16, 2019.

Ravish .. Petitioner

VERSUS

State of Punjab .. Respondent * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Mr.Abhishek S. Bhaskar, Advocate, for the petitioner.

Mr.Randhir Singh Thind, DAG, Punjab.

Mr.J.S.Mehal, Advocate, for the complainant.

JASGURPREET SINGH PURI , J. (ORAL ) The present petition has been filed under Section 438 of the Code of Criminal Procedure (for short 'the Cr.P.C.)' praying for grant of anticipatory bail in FIR No.104 dated 9.7.2019, under Sections 420, 465, 467, 468 and 471 IPC, registered at Police Station City Gurdaspur, District Gurdaspur.

On 30.8.2019, notice to the State had been issued and

learned State counsel had accepted the same and copy was supplied. The learned counsel for the petitioner submits that in the present case FIR is totally false as according to the petitioner, the total six complainants have hatched a conspiracy to blackmail the petitioner on the ground that the petitioner had taken some money from these six people and thereafter, they have lodged this false FIR against him. He further submits that since the father of the petitioner has been suffering from various ailments pertaining to his eyes and he was in need of money 2-3 years ago and therefore, he had taken some money for the purpose of treatment of his father and not for the purpose of sending them abroad.

Per contra, learned State counsel submits that as the present FIR was registered after thorough investigation by the DSP (Crime) and it was found that there were six persons, some of them lived at different places and some of them were resident of the same village who had made a complaint and they have stated that the accused-petitioner had taken money of Rs.5,39,000/- on the pretext of sending them to Germany and therefore, present case is of very serious nature. Learned State counsel, on instructions from ASI Parminder Singh further submits that some fake tickets have also been recovered from the petitioner which he had given to the complainant to fly to Berlin. He further submits that the cheques issued by the petitioner have also been dishonoured.

Heard the learned counsel for the parties.

It is apparent that the allegations contained in the FIR are quite serious and prima facie, it cannot be ascertained as to whether all the

six persons as alleged by the petitioner have conspired to blackmail the petitioner.

The matter pertaining to taking money for sending them abroad, at this stage, seems to be a serious affair. I have also perused the alleged tickets which the learned State counsel has referred to and which are on the record of the police file. Considering the totality of the circumstance, I deem it a fit case not to grant the concession of anticipatory bail to the petitioner, at this stage, and consequently, the present petition is dismissed. December 16, 2019.

(JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No