Criminal Misc. No. M-20946 of 2010 1 .... IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-20946 of 2010 Date of decision:- November 23rd, 2010 Vinod Kumar ....Petitioner Versus State of Punjab ....Respondent Present: - Mr. Harpal Singh Sirohi, Advocate, for the petitioner. Mr. M.C. Berry, Addl. AG, Punjab, for the respondent - State. S.S. SARON J. Heard counsel for the parties. Petitioner-Vinod Kumar seeks pre-arrest bail in a case registered against him on 20.04.2008 for the offence under Sections 328, 420 and 34 IPC. FIR in the case has been registered on the statement of Mahesh Chorasia. It has been alleged by Mahesh Chorasia-complainant that Vinod Kumar(petitioner), Ram Kewal Yadav and Seema Rani Yadav had cheated him. The complainant is residing at Patiala for the last six months. After he came from Madhya Pradesh, he came in contact with one Narinder Garg who introduced him to Seema Rani Yadav and Vinod Kumar (petitioner). They were running a gym on Passey Road Patiala. Seema Rani and Vinod Kumar (petitioner) closed the said gym on Passey Road and started a gym by taking a 'Chaubara' on rent from Balwinder Singh at Bhadson Road Seona Road drain. The complainant started sitting there to run the gym and Seema treated him like a brother and tied him a Rakhri on Rakhi day. Then three of them took a room on rent in the house of Gurdev Kaur at 725, Ranjit Nagar Seona Road Drain. Father of Seema Rani namely Ram Kewal who was serving in the office of Punjab State Criminal Misc. No. M-20946 of 2010 2 .... Electricity Board also started visiting them. Then Ram Kewal co-accused of Seema Rani asked the complainant to give ` 1,90,000/- so that they may purchase a Bolero vehicle for doing joint business and they took money from the complainant. They purchased a Bolero vehicle bearing No. PB- 11A-9452. The vehicle was got transferred from the name of the complainant by Ram Kewal in his own name. Seema Rani Yadav and Vinod Kumar (petitioner) assured the complainant that they would send him to Thailand and asked him to pay ` 3,70,000/-. The complainant was taken in by their assurance and paid the money. After some time Seema Rani and Vinod Kumar(petitioner) closed the gym and the complainant became jobless. He then asked the petitioners to return his money but they did not give any proper response and were making excuses on one pretext or another. The complainant asked them that either pay the money back or he be sent to Thailand. On this Vinod Kumar(petitioner) gave him three cheques drawn on Punjab National Bank, Model Town, Patiala. The cheques were for an amount of ` 70,000/-, ` 49,000/- and ` 80,000/-. When the complainant submitted these cheques for encashment in the Bank, there was no money in the account of Vinod Kumar. On 16.04.2008, it is alleged that at about 9 PM Seema Rani, her father Ram Kewal Yadav and Vinod Kumar(petitioner) came to the complainant and Seema Rani told him that they had visited the Mandir of Kali Devi and brought Prashad of Milk for him. They asked the complainant to take Prashad and they would pay the money the next day. On their asking, the complainant drank the milk and after 10-15 minutes, he started vomiting and became unconscious. When he came to him senses he came to know that Gurdev Kaur, Suresh Kaur and Narinder Garg had got him admitted in Kanda Hospital. Vinod Kumar and Ram Kewal with an intention to kill him had added some drug in the Prashad. He requested that action be taken Criminal Misc. No. M-20946 of 2010 3 .... against them. Learned counsel for the petitioner has contended that the allegations in the FIR are false. He submitted that the said cheques which are said to have been given by Vinod Kumar were never presented for encashment in the Bank as has been alleged by the complainant. It is also submitted that the complainant is a drug addict and used to take intoxicants such as poppy husk etc. and often had an overdose of the drugs. In the report of the chemical examination in respect of the material extracted from the stomach of the complainant, it has been reported that the substance of opium had been found which it is submitted is not a poisonous substance. It is also submitted that there is a delay of four days in registering the FIR, which creates doubt with regard to the intention of the complainant. It is also submitted that the complainant was a servant in the gym of the petitioners and is a migrant labourer from Madhya Pradesh and had very bad criminal record inasmuch as he has been involved in more than 50 cases in his village. It is also submitted that the allegations of purchase of Bolero vehicle and then transfer thereof in the name of Ram Kewal co- accused are also false. In response learned counsel for the State has submitted that the cheques in question were admittedly issued by Vinod Kumar (petitioner) and this fact also finds a mention in the order dated 10.02.2009 passed by this Court in Criminal Misc. No. M-21306 of 2008, while granting bail to co-accused Seema Rani. It was observed that the cheques that were dishonoured do not bear the signatures of Seema Rani and were issued by Vinod Kumar. Besides, it is submitted that cheques were indeed presented in the Bank for encashment. It is also submitted that the custody of the petitioner is required and he has been evading his arrest for the last more than 2 years. Challan against the other accused Ram Kewal and Criminal Misc. No. M-20946 of 2010 4 .... Seema Rani has already been filed. I have given my thoughtful consideration to the matter and perused the record. The allegations against the petitioner are that he along with his co-accused had taken a sum of ` 3,70,000/- from the complainant to send him to Thailand. The petitioner had admittedly issued three cheques of ` 70,000/-, ` 49,000/- and ` 80,000/- in favour of the complainant. As per the statement of the Chief Manager of the Punjab National Bank, Model Town, Patiala recorded on 11.11.2010, it has been reported that the saving accounts of Seema Rani and Vinod Kumar had been closed. Even if the cheques were not presented in the bank, it may be noticed that in the FIR the allegations of the complainant are that he found that there was no money in the account of Vinod Kumar. Besides, the allegation regarding putting poisonous substance in the Prashad are required to be investigated and the custodial interrogation of the petitioner is necessary for the purpose. Besides, the petitioner has been evading his arrest for the last two years. In these facts and circumstances, no ground of pre- arrest bail is made out and the present Criminal Misc. Petition is accordingly, dismissed. (S.S.SARON) JUDGE 23.11.2010 neetu