Manash Pratim Borah v. State of Haryana

The complainant was CRM-M- -21119-2026 2 induced to invest in a purported “Migrant Labour Survey” project allegedly induced to invest in a purported “Migrant Labour Survey” project allegedly induced to invest in a purported “Migrant Labour Survey” project allegedly induced to invest in a purported “Migrant Labour Survey” project allegedly It was represented that the awarded to M/s PSAR Communication Pvt. Ltd. It was represented that the awarded to M/s PSAR Communication Pvt. Ltd. awarded to M/s PSAR Communication Pvt. Ltd. close association with key persons managing the said project close association with key persons managing the said proje petitioner had close association with key persons managing the said proje petitioner had and that the complainant would be allotted survey work in various districts and that the complainant would be allotted survey work in various districts and that the complainant would be allotted survey work in various districts and that the complainant would be allotted survey work in various districts Acting upon such representations and assurances, of Assam.

Acting upon such representations and assurances, Acting upon such representations and assurances, of Assam. complainant allegedly arranged and paid an amount of approximately complainant allegedly arranged and paid an amount of approximately complainant allegedly arranged and paid an amount of approximately complainant allegedly arranged and paid an amount of approximately Rs.1,04,00,000/- in multiple instalments, inclu Rs.1,04,00,000/ ding through bank transfers as in multiple instalments, including through bank transfers as It has been further alleged that despite repeated well as cash payments. It has been further alleged that despite repeated It has been further alleged that despite repeated well as cash payments. assurances, the work did not commence as promised, and the complainant assurances, the work did not commence as promised, and the complainant assurances, the work did not commence as promised, and the complainant assurances, the work did not commence as promised, and the complainant did not possess any valid tender for the later discovered that the company did not possess any valid tender for the did not possess any valid tender for the later discovered that the company said survey project.

Upon demanding refund, only a partial amount was urvey project. Upon demanding refund, only a partial amount was Upon demanding refund, only a partial amount was allegedly misappropriated by the returned, while the remaining amount was allegedly misappropriated by the returned, while the remaining amount was returned, while the remaining amount was In this manner, the complainant is stated to have been accused persons. In this manner, the complainant is stated to have been In this manner, the complainant is stated to have been accused persons. cheated of a substantial sum of money, thereby cheated of a substantial sum of money attracting allegations of , thereby attracting allegations of On the basis of cheating, criminal breach of trust and criminal conspiracy. On the basis of cheating, criminal breach of trust and criminal conspiracy. cheating, criminal breach of trust and criminal conspiracy. these allegations, the FIR in question came to be registered and these allegations, the FIR in question came to be registered and these allegations, the FIR in question came to be registered and these allegations, the FIR in question came to be registered and investigation was set into motion. investigation was set into motion. hat the petitioner has Learned counsel for the petitioner has contended that the petitioner has Learned counsel for the petitioner has 3.

Learned counsel for the petitioner has been falsely implicated in the FIR in question. Learned counsel has further been falsely implicated in the FIR in question. Learned counsel has further been falsely implicated in the FIR in question. Learned counsel has further been falsely implicated in the FIR in question. Learned counsel has further abuse of the criminal process, having been submitted that the FIR is an abuse of the criminal process, having been abuse of the criminal process, having been submitted instituted to exert pressure for recovery of money arising out of what is instituted to exert pressure for recovery of money arising out of what is instituted to exert pressure for recovery of money arising out of what is instituted to exert pressure for recovery of money arising out of what is According to learned counsel, the role of the essentially a civil dispute. According to learned counsel, the role of the According to learned counsel, the role of the essentially limited to arranging manpower in Assam at the instance of petitioner was limited to arranging manpower in Assam at the instance of limited to arranging manpower in Assam at the instance of petitioner was the complainant, and an amount of Rs.24,00,000/ the complainant was received solely for Rs.24,00,000/- was received solely for that purpose.

It has been further contended th that purpose. indeed It has been further contended that the manpower was indeed CRM-M- -21119-2026 3 arranged through an NGO, identity cards were issued, and requisite training arranged through an NGO, identity cards were issued, and requisite training arranged through an NGO, identity cards were issued, and requisite training arranged through an NGO, identity cards were issued, and requisite training was conducted, which demonstrates that the transaction was was conducted bona fide and , which demonstrates that the transaction was bona fide and According to learned counsel, the complainant himself genuine in nature. According to learned counsel, the complainant himself According to learned counsel, the complainant himself genuine in nature. w from the project and subsequently demanded refund of the entire withdrew from the project and subsequently demanded refund of the entire w from the project and subsequently demanded refund of the entire w from the project and subsequently demanded refund of the entire Furthermore, amount without accounting for the expenses already incurred.

Furthermore, amount without accounting for the expenses already incurred. amount without accounting for the expenses already incurred. refunded a substantial portion of the amount, the petitioner has already refunded a substantial portion of the amount, refunded a substantial portion of the amount, the petitioner has already including Rs.13,88,000/- and an additional including Rs.13,88,000/ during and an additional sum of Rs.1,50,000/- during Learned counsel has prior proceedings, which reflects his bona fide conduct. Learned counsel has prior proceedings, which reflects his bona fide conduct. prior proceedings, which reflects his bona fide conduct. a mere breach of contract cannot be placed reliance on the proposition that a mere breach of contract cannot be a mere breach of contract cannot be placed reliance on the proposition that , and that the essential ingredients of offences under , and that the essential ingredients of offences und given a criminal colour, and that the essential ingredients of offences und given a criminal colour Sections 406 and 420 IPC are not made out in the present case.

Sections 406 and 420 IPC are It has also not made out in the present case. It has also already joined the investigation been contended that the petitioner has already joined the investigation been contended that the petitioner has been contended that the petitioner has earlier and that the case is primarily based on documentary evidence, which earlier and that the case is primarily based on documentary evidence, which earlier and that the case is primarily based on documentary evidence, which earlier and that the case is primarily based on documentary evidence, which is already in possession of the investigating agency. is already in possession of th According to learned e investigating agency. According to learned registered without proper justification. It registered without proper justification. counsel, the instant case has been registered without proper justification. counsel, the instant case has been ready and willing to fully has been further argued that the petitioner is ready and willing to fully has been further argued that the petitioner is has been further argued that the petitioner is cooperate with the investigating agency, and there is no l cooperate with the investigating agency ikelihood of his , and there is no likelihood of his absconding or tampering with the prosecution evidence in case he is granted absconding or tampering with the prosecution evidence in case he is granted absconding or tampering with the prosecution evidence in case he is granted absconding or tampering with the prosecution evidence in case he is granted On the strength of the aforesaid the concession of anticipatory bail. On the strength of the aforesaid On the strength of the aforesaid the concession of anticipatory bail. submissions, grant of anticipatory bail has been prayed for. submissions, grant of anticipatory bail has been prayed for. submissions, grant of anticipatory bail has been prayed for.

It has been further contended representations regarding government tenders. It representations regarding government tenders. It actively participated in the inducement and remained that the petitioner has actively participated in the inducement and remained actively participated in the inducement and remained that the petitioner involved throughout the transaction. It has been involved throughout the transaction. It that the has been further contended that the investigation has revealed that the alleged tender itself was dubious and the investigation has revealed that the alleged tender itself was dubious and the investigation has revealed that the alleged tender itself was dubious and the investigation has revealed that the alleged tender itself was dubious and the representations made representations made representations made the complainant were prima the complainant were the complainant were false. facie false. substantial recovery of cheated amount is yet to be Furthermore, the substantial recovery of cheated amount is yet to be substantial recovery of cheated amount is yet to be Furthermore, the custodial interrogation of the petitioner is effected and, therefore, the custodial interrogation of the petitioner is custodial interrogation of the petitioner is effected and necessary to unearth the conspiracy, trace the flow of funds and identify the necessary to unearth the conspiracy, trace the flow of funds and identify the necessary to unearth the conspiracy, trace the flow of funds and identify the necessary to unearth the conspiracy, trace the flow of funds and identify the Furthermore, in case the petitioner is granted the role of other co-accused.

Furthermore, in case the petitioner is granted the Furthermore, in case the petitioner is granted the role of other co arrest bail, at this stage, it may impede the ongoing concession of pre-arrest bail, at this stage, it may impede the ongoing arrest bail, at this stage, it may impede the ongoing concession of pre investigation. Accordingly, a prayer has been made for the investigation. of the Accordingly, a prayer has been made for the dismissal of the instant petition. instant petition.

The indicates receipt of money by the petitioner from the complainant. The allegations in the FIR reflect that the complainant was induced to part with a allegations in the FIR reflect that the complainant was induced to part with a allegations in the FIR reflect that the complainant was induced to part with a allegations in the FIR reflect that the complainant was induced to part with a survey work. The substantial amount on the pretext of securing government survey work. The substantial amount on the pretext of securing government substantial amount on the pretext of securing government role attributed to the petitioner cannot, at this stage, be termed as isolated or role attributed to the petitioner cannot, at this stage, be termed as isolated or role attributed to the petitioner cannot, at this stage, be termed as isolated or role attributed to the petitioner cannot, at this stage, be termed as isolated or merely ancillary.

The material on record prima facie indicates that the merely ancillary. The material on record prima facie indicates that the merely ancillary. The material on record prima facie indicates that the merely ancillary. The material on record prima facie indicates that the petitioner was part of the conspiracy and remained involved even at petitioner was part of the conspiracy and remained involved even at petitioner was part of the conspiracy and remained involved even at petitioner was part of the conspiracy and remained involved even at when further payments were demanded and collected. subsequent stages when further payments were demanded and collected. when further payments were demanded and collected. subsequent stages CRM-M- -21119-2026 5 The plea of the petitioner that the dispute is purely civil in nature does not The plea of the petitioner that the dispute is purely civil in nature does not The plea of the petitioner that the dispute is purely civil in nature does not The plea of the petitioner that the dispute is purely civil in nature does not persuade this Court at this stage.

In the considered opinion of this Court, the persuade this Court at this stage. In the considered opinion of this Court, the persuade this Court at this stage. In the considered opinion of this Court, the persuade this Court at this stage. In the considered opinion of this Court, the of contract but also disclose allegations are not confined to a mere breach of contract but also disclose allegations are not confined to a mere breach allegations are not confined to a mere breach elements of inducement and deception. The partial refund of certain elements of inducement and deception. The partial refund of certain elements of inducement and deception. The partial refund of certain elements of inducement and deception. The partial refund of certain amounts does not, by itself, absolve the petitioner of criminal liability at this amounts does not, by itself, absolve the petitioner of criminal liability at this amounts does not, by itself, absolve the petitioner of criminal liability at this amounts does not, by itself, absolve the petitioner of criminal liability at this stage, particularly when a substantial amount is still alleged to be stage, particularly when a substantial amount is still alleged to be stage, particularly when a substantial amount is still alleged to be stage, particularly when a substantial amount is still alleged to be outstanding.

This Court cannot lose sight of the fact that the investigation is nding. This Court cannot lose sight of the fact that the investigation is This Court cannot lose sight of the fact that the investigation is at a crucial stage and custodial interrogation of the petitioner may be at a crucial stage and custodial interrogation of the petitioner may be at a crucial stage and custodial interrogation of the petitioner may be at a crucial stage and custodial interrogation of the petitioner may be necessary to trace the remaining amount, unearth the modus operandi and necessary to trace the remaining amount, unearth the modus operandi and necessary to trace the remaining amount, unearth the modus operandi and necessary to trace the remaining amount, unearth the modus operandi and used in the alleged conspiracy. The ascertain the precise role of each accused in the alleged conspiracy. The used in the alleged conspiracy.

The ascertain the precise role of each acc magnitude of the amount involved and the nature of allegations weigh magnitude of the amount involved and the nature of allegations weigh magnitude of the amount involved and the nature of allegations weigh magnitude of the amount involved and the nature of allegations weigh heavily against the grant of anticipatory bail to the petitioner. heavily against the grant of anticipatory bail to the petitioner. heavily against the grant of anticipatory bail to the petitioner.

While considering a petition for anticipatory bail, the economic offences. While considering a petitio economic offences. While considering a petitio Court is required to strike a balance between the personal liberty of the Court is required to strike a balance between the personal liberty of the Court is required to strike a balance between the personal liberty of the Court is required to strike a balance between the personal liberty of the The individual and the requirement of a fair, free and effective investigation. The individual and the requirement of a fair, free and effective investigation. individual and the requirement of a fair, free and effective investigation. planned allegations in the present case disclose a prima facie well-planned allegations in the present case disclose a prima facie well allegations in the present case disclose a prima facie well iracy whereby the complainant has allegedly been defrauded of a conspiracy whereby the complainant has allegedly been defrauded of a iracy whereby the complainant has allegedly been defrauded of a iracy whereby the complainant has allegedly been defrauded of a substantial amount of money.

In such circumstances, this Court does not substantial amount of money. In such circumstances, this Court does not substantial amount of money. In such circumstances, this Court does not substantial amount of money. In such circumstances, this Court does not deem it appropriate to grant anticipatory bail at this nascent stage. Grant of deem it appropriate to grant anticipatory bail at this nascent stage. Grant of deem it appropriate to grant anticipatory bail at this nascent stage. Grant of deem it appropriate to grant anticipatory bail at this nascent stage. Grant of mper the ongoing investigation. No such relief at this stage is likely to hamper the ongoing investigation. No mper the ongoing investigation. No such relief at this stage is likely to ha CRM-M- -21119-2026 6 cause, much less any plausible cause, has been shown at this stage to cause, much less any plausible cause, has been shown at this stage to cause, much less any plausible cause, has been shown at this stage to cause, much less any plausible cause, has been shown at this stage to indicate that the petitioner has been falsely implicated in the present FIR. indicate that the petitioner has been falsely implicated in the present FIR. indicate that the petitioner has been falsely implicated in the present FIR.

At this stage, there is no impact of such alleged iniquities on the society. At this stage, there is no impact of such alleged iniquities on the society. At this stage, there is no impact of such alleged iniquities on the society. At this stage, there is no material on record to hold that prima facie material on record to hold that case is not made out against the prima facie case is not made out against the preliminary petitioner. The material which has come on record and preliminary petitioner. The material which has come on record and petitioner. The material which has come on record and investigation, appear investigation, appear investigation, appear investigation, appear to be established a reasonable basis for the to be established a reasonable basis for the to be established a reasonable basis for the to be established a reasonable basis for the accusations. Thus, it is not appropriate to grant anticipatory bail to the accusations.

Thus, it is not appropriate to grant anticipatory bail to the accusations. Thus, it is not appropriate to grant anticipatory bail to the accusations. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as petitioner, as petitioner, as petitioner, as it would necessarily cause it would necessarily cause it would necessarily cause it would necessarily cause impediment impediment impediment impediment in effective in effective in effective in effective