The Allahabad High Court in an application seeking bail in a case registered under Sections 406, 420, 467, 468, 471 I.P.C. observed that the youth, without knowing the hidden agenda of such fake rackets, are falling prey to such temptations of lucrative jobs and paying huge amounts even by selling the properties held by their families or availing loans from financial institutions with a high rate of interest.
Brief Facts:
The present bail application was filed by the petitioner a prayer to release him on bail in a case registered under Sections 406, 420, 467, 468, 471 I.P.C. after it was alleged in the FIR that the applicant, promising to provide job to the informant, has taken Rs.1,60,000/- in his account and about Rs.4,00,000/- in cash and has given an appointment letter, which was found to be forged.
Contentions of the Applicant:
The learned counsel appearing on behalf of the applicant submitted that t the applicant is innocent and has been falsely implicated in the present case due to mala fide intentions. He further submits that Rs.1,60,000/-, which has been received in his account, is the money which the informant had taken from the applicant's mother and returned the same. He further submits that in order to save himself from returning the money, which he had taken from the applicant's mother, the informant placing forged documents has falsely implicated the applicant in the present case. He had never promised to provide any job nor has given any forged appointment letter to the informant.
Contentions of the Respondent:
The learned counsel appearing on behalf of the respondent opposed the bail prayer of the applicant by contending that the applicant has been cheated by taking the amount of Rs.1,60,000/- in his account and Rs.4,00,000/- has been paid in cash and a forged appointment letter has been given. The forged appointment letter, which has been given by the applicant to the informant, is the part of case dairy and the Investigating Officer has found that fraud and cheating had been done by the applicant.
Observations of the court:
The court noted that the applicant on the assurance of providing a job, has been cheated by taking the amount from the informant and a forged appointment letter has been given to him. Further, the court noted that a cognizable offence is made out to proceed against the accused person in view of the ingredients therein to the present case, wherein, the complaint was lodged by the complainant, alleging that the informant was cheated by the accused under the guise of providing the job.
The court stated that the very term "unemployment" will sound the death knell for the future of the youth of this nation. Every individual would like to stand on his own legs to avert the reverberations of the said word "unemployment". Such untiring pursuit for employment by the youth is taken advantage of by certain sections/persons and it is unfortunate that, nowadays, everywhere in the country, bogus manpower consultant agencies and fake recruitment agencies are mushrooming with the main illegal object of luring the unemployed youth with employment in government sectors as well as in foreign countries and the youth too, without knowing the hidden agenda, are falling prey to such temptations of lucrative jobs and paying huge amounts even by selling the properties held by their families or availing loans from financial institutions with high rate of interest
The decision of the Court:
The court, taking into account the gravity of the offence, the evidence presented, the involvement of the accused, and the severity of the punishment rejected the bail application.
Case Title: Himanshu Kanaujiya vs State of U.P
Coram: Hon’ble Mrs. Justice Manju Rani Chauhan
Case No.: CRIMINAL MISC. BAIL APPLICATION No. - 2997 of 2024
Advocate for the Petitioner: Vijai Prakash Yadav
Advocate for the Respondent: Arunesh Kumar Singh, G.A.
Read Judgment @LatestLaws.com
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