Haryana v. ALOK JAIN

bail to the petitioner in case FIR No FIR No. 267 dated 29.07.2023, under Sections 406 406 and 420 of the Indian Penal C IPC enal Code, 1860 (Section 370 IPC added later on) and Sections 10 and 24 of E of Emigration Act, 1983, registered at Police Stati e Station Pehowa, District Kurukshetr kshetra (Annexure P-1).

#2. At the outset, learned State c tate counsel has filed the custody certificate al along with the status report port by way of an affidavit of it of Mr. Paramjee ramjeet Samota, HPS, Deputy Super owa, Superintendent of Police, Pehowa, PARUL 2024.09.11 16:38 I attest to the accuracy and authenticity of this document 3578-2024 in/and CRM-33578 CRM-M-2404 24042-2024 (O&M) 2 2 District Kuru t Kurukshetra in Court today, which a ct to hich are taken on record, subject to all just except exceptions.

#3. As per the allegations levell levelled in the petition by the complainant, inant, it is submitted that the pe he petitioner received a sum of Rs. 2,00,000/ 0,000/- and he is part of the gang whi ng which operates to send the young boys out of t ut of this country to the foreign land d the land through illegal means and the role of the pe the petitioner is to book tickets to the f to the foreign land for which the said amount was d t was deposited in his account.

#4. Learned counsel of petitioner, ho - ner, however, submits that the cross- examination ation of the complainant clearly dem y demonstrates that the complainant was not even even able to identify the petitioner a oner and has submitted that the only role played ayed by the petitioner was that a hat a sum of Rs. 2,00,000/- was transferred in rred in his Bank account and did not d not deny the fact that the air tickets were booked ooked by the petitioner for the son of d on of the complainant which he had boarded.

#5. As regards the other allegations, ations, the counsel for the petitioner submits that s that the trial is progressing and 02 o d 02 out of 14 witnesses have been examined out ed out of which one is the complaina terial plainant and hence, all the material witnesses hav es have been examined.

#6. Learned counsel for the complain mplainant has submitted on the lines of the status r tatus report filed and submits that the hat the petitioner is a part of a larger conspiracy w acy with Jarnail Singh and one agent e not agent namely Gill and they are not disclosing the ing the whereabouts of the son of the of the complainant and a human life is in danger. nger. He further submits that one of ne of the material witnesses has not PARUL 2024.09.11 16:38 I attest to the accuracy and authenticity of this document 3578-2024 in/and CRM-33578 CRM-M-2404 24042-2024 (O&M) 3 3 supported the ted the prosecution’s case and his failu failure to identify the accused does not weaken th aken the case particularly regarding th ing the complainant’s son, who was coordinating ing and meeting the petitioner and o and other co-accused.

#7. At this stage, learned counsel ounsel for the petitioner has also volunteered t ered that the petitioner is ready to de - deposit a sum of Rs. 2,50,000/- and shall not all not abstain himself from being pr ing present at the trial at any stage except for any for any cogent reason permissible unde le under law.

#8. In light of the above and consid ial is considering the fact that the trial is progressing a sing and the material witnesses ha ses have been examined and the petitioner is i er is in custody for the last 01 year an 024), year and 06 days (as on 09.09.2024), therefore, no re, no useful purpose would be serve er in served by keeping the petitioner in custody, henc , hence, the petitioner is entitled to t n of ed to the grant of the concession of . regular bail.

#9. Without commenting upon the m the merits of the case, the present petition stan stands allowed and the petition etitioner will deposit a sum of Rs. 2,50,000/ 0,000/- in the shape of an FDR wi with the trial Court during the pendency of t cy of the trial and the petitioner is orde f not is ordered to be released on bail if not required in an in any other case by furnishing bail o the g bail bonds and surety bonds to the satisfaction o tion of the trial Court/Duty Magistrat , the gistrate, concerned and in case, the petitioner abs er absent himself from the proceedin ll be ceedings, the said amount shall be forfeited in fa d in favour of the State. The petitioner d on titioner shall, however, be released on the following owing conditions: The petitioner shall declare his o i. e his ordinary place of residence and PARUL 2024.09.11 16:38 I attest to the accuracy and authenticity of this document him. the mobile number used by him. 3578-2024 in/and CRM-33578 CRM-M-2404 24042-2024 (O&M) 4 4 ii. The petitioner will not switch off f any tch off his mobile and in case of any technical glitch, he has to give a give an alternate number, which will be available in his absence. iii. The petitioner will mark his prese d, s presence before the SHO concerned, after every 15 days and in case k his n case the SHO refuses to mark his presence, he is permitted to make make an application before the Illaqa Magistrate, concerned. iv. The petitioner will not leave t eave the country without the prior permission of the Court, for whic f his r which he will submit the copy of his passport also. However, in case th ssess a case the petitioner does not possess a passport, then he shall file an le an undertaking to the said effect before being released. The petitioner shall abide by s as e by the terms and conditions as imposed in ad r.P.C. d in addition to Section 439 of Cr.P.C.

#10. It is made clear that the amount ount of Rs. 2,50,000/- deposited by the petitioner itioner shall be kept in fixed deposit eposit and in case, the petitioner is acquitted, the , the same shall be returned to d to him, however, in case of his conviction, th ion, the said amount shall be adjusted justed against the fine imposed upon him.

#11. It is further made clear that, in hat, in case, the petitioner is found involved in an d in any other FIR except for the two F t the two FIRs already lodged against the petitioner as p er as per the custody certificate, the S , the State as well as the complainant will be at libe at liberty to promptly move an appropr ppropriate application for cancellation of bail detailin etailing out the circumstances and viola d violation of conditions of bail. PARUL 2024.09.11 16:38 I attest to the accuracy and authenticity of this document 3578-2024 in/and CRM-33578 CRM-M-2404 24042-2024 (O&M) 5 5

#12. However, nothing stated above above shall be construed as a final expression of ion of opinion on the merits of the cas he case.

#13. It is further made clear that this ed as t this order shall not be construed as parity qua any any other co-accused.

#14. Pending miscellaneous applicatio plication if any also stands closed. CRM-33578 578-2024 In light of the order pa er passed the main case (CRM-M-240 24042-2024), the present applicati plication (CRM-33578-2024) stands dismissed as h ed as having been rendered infructuou uctuous. September 1 ber 11, 2024 Whether speaking/reasoned: Whether Reportable:- oned:- Yes/No Yes/No (ALOK JAIN) JUDGE PARUL 2024.09.11 16:38 I attest to the accuracy and authenticity of this document