Sanjay Verma vs State Of Haryana
2023 Latest Caselaw 4056 P&H

          CRM-M-15922-2023                                                            -1-
                                                                               2023:PHHC:051999


          219 IN THE HIGH COURT OF PUNJAB AND HARYANA
                               AT CHANDIGARH

                                                                     CRM-M-15922-2023
                                                                     Decided on : 13.04.2023

          Sanjay Verma                                                     ...... Petitioner
                                                       Versus

          State of Haryana                                                 ...... Respondent

          CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

          Present :            Mr. S.P.Srivastava, Advocate and
                               Mr. J.P.Rana, Advocate
                               for the petitioner.

                               Ms. Sheenu Sura, DAG, Haryana.

                                           ****

Manjari Nehru Kaul, J.(Oral)

Instant petition has been filed under Section 439 Cr.PC for grant of

regular bail to the petitioner in case FIR No.164 dated 05.06.2021 for the

offences under Sections 406, 420, 506, 120-B and 201 IPC and 4, 76 of Chit

Fund Act registered at Police Station NIT, Faridabad District Faridabad.

Learned counsel for the petitioner inter alia contends that a totally

false and fabricated case has been planted upon the petitioner on the allegations

of having lured and duped the complainants for investing money in his chit fund

business, by assuring handsome returns to them. In fact, a conspiracy was

hatched by the complainants to extract money from the petitioner, which was

evident from the fact that had the crime been indeed committed as alleged, a

report in the said regard would have been made to the nearest police station by

the complainants and not directly to DGP, Haryana through post. It has further

been argued by the learned counsel for the petitioner that the petitioner is being SONIA BURA 2023.04.17 18:21 I attest to the accuracy and integrity of this document

2023:PHHC:051999

armed-twisted by all the complainants in apparent collusion with the police for

recovery of money in a dispute which is essentially of a civil nature.

Learned counsel for the petitioner has further urged that the

petitioner has now been in custody since 22.05.2022 and in view of his long

incarceration and apparent innocence, he deserves the concession of bail. In

support of his submissions, learned counsel has placed reliance upon the

judgment of Hon'ble Supreme Court in Arnesh Kumar vs. State of Bihar and

another, 2014 8 SCC 273 and Satinder Kumar Antil vs. Central Bureau of

Investigation (SC) 2021(4) RCR (Crl.) 421, by urging that even the Hon'ble

Supreme Court has held that the object of bail is to secure the attendance of the

accused during trial and since the petitioner has clean antecedents, his further

incarceration would run contrary to the guidelines issued by Hon'ble Supreme

Court in Arnesh Kumar's case(Supra) and Satinder Kumar Antil's case(supra).

Per contra, learned State counsel has vehemently opposed the

prayer and submissions made by learned counsel opposite. It has been argued

by the State counsel that the petitioner along with his family members and

relatives had played a huge fraud upon innocent people. They had firstly lured

innocent investors to invest in their chit fund business by assuring them of

handsome returns and thereafter duped them of their money, running into crores.

Still further, learned State counsel on instructions has disputed the submissions

made by the counsel opposite of the petitioner having clean antecedents. It has

been submitted that the petitioner has duped not only the complainants in the

instant case but is also involved in another case in FIR No.57 dated 27.01.2022

under Section 420 IPC and Sections 4 and 76 of Chit Fund Act, 1982 at Police

SONIA BURA 2023.04.17 18:21 I attest to the accuracy and integrity of this document

2023:PHHC:051999

Station NIT Faridabad, District Faridabad wherein also he has similarly duped

and cheated innocent people of more than Rs.11 crores. This Court has also

been apprised by the State that charges are likely to be framed on the next date

of hearing. Learned State counsel has further submitted that since the petitioner

is a habitual offender, there is every likelihood that in case he is enlarged on bail,

he would tamper with material evidence and may abscond during trial.

In the light of the nature of accusations levelled against the

petitioner in the FIR in question coupled with his criminal antecedents, this

Court does not deem it appropriate to extend the concession of regular bail to

the petitioner. Accordingly, the present petition stands dismissed. However, it

is made clear that anything observed hereinabove shall not be construed to be an

expression of opinion on the merits of the case.

                                                            (MANJARI NEHRU KAUL)
                                                                    JUDGE
          13.04.2023
          sonia

                               Whether speaking/reasoned:        Yes/No
                               Whether reportable :              Yes/No




SONIA BURA
2023.04.17 18:21
I attest to the accuracy and
integrity of this document