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High Court of Punjab and HaryanaCRM-M/52681/2024allowed

Amandeep Kamboj @ Aman v. State Of Punjab

2024-10-22Mrs. Justice Manisha Batra4 pages

 

    

 

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As per the prosecution case, a complaint was lodged by the complainant Kuldeep Singh alleging therein that the petitioner and coaccused had represented to him that they could get his son recruited as Sub Inspector in Punjab Police and induced him to pay an amount of Rs. 70,00,000/- by giving assurance to provide employment in Punjab Police to his son. The complainant initially paid an amount of Rs. 30,00,000/- and

 then Rs. 40,00,000/- respectively to the petitioner and co-accused. However, they did not get his son recruited and when the complainant asked for refund of the money given by him, the petitioner and co-accused started extending threats to him. As such, he prayed for taking action against them. On his complaint, the aforementioned FIR was registered. Investigation proceedings were initiated. During investigation, the petitioner was arrested on 09.04.2024. Investigation has since been completed and challan stands presented before the learned trial Court. The petitioner had moved an application of regular bail which has been dismissed by Court of learned Additional Sessions Judge, Fazilka vide order dated 04.10.2024. 3.

It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the allegations that Jugraj Singh had received a sum of Rs. 30,00,000/- from the complainant on behalf of petitioner as well as Satbir Singh, by inducing him to provide recruitment in Punjab Police. No such amount is even alleged to have been given to the petitioner. There is delay of six years in lodging the FIR. The above named Jugraj Singh has not even been nominated as an accused despite the fact that he was the person who was alleged to have received money from the complainant. The petitioner has been booked in some other criminal cases. However, he is on bail in all such cases and has been falsely implicated in the same. The trial is likely to take time. His custodial interrogation is no more required. No recovery has been effected from him. His further detention would not serve any useful purpose. The co-accused Satbir Singh

has since been extended benefit of pre-arrest bail. On parity, he too deserves to be released on bail. Therefore, it is urged that the petition deserves to be allowed.

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Per contra, learned State counsel who has advance notice of the petition and is ready to argue the matter, has submitted that there are serious allegations against the petitioner. There are chances of his absconding, if extended benefit of bail. &   +      $$ ! 5.

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Since the main petition has been allowed, pending application, if any, is rendered infructuous.

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