Crl. Misc. No. M-16565 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-16565 of 2010 (O&M) Date of Decision: June 30, 2010 Raj Kumar Saini ........Petitioner Versus State of Haryana ......Respondent CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. Vimal Kumar Gupta, Advocate, for the petitioners. Ms. Shubhra Singh, DAG, Haryana. SABINA, J. Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') for grant of regular bail in an FIR No.56 dated 19.3.2010, under Sections 420,468,471,506 of Indian Penal Code (in short 'IPC') registered at P.S. Chhappar, District- Yamuna Nagar. The contents of the FIR reads as under :- “ That the complainant is the son of Sh. Roop Chand, who is a Pujari of Hanuman Mandir and at present residing at Mustafabad. That abovesaid accused generally used to visit in the Hanuman Mandir, Mustafabad. Earlier one year ago accused Raj Kumar asked to my father that what's your son is doing. On this my father reply that still he is unemployed and assist me in the daily work of mandir. Accused Raj Kumar told to my father that I am having good relations in railway department. In the month of April, 2009 Crl. Misc. No. M-16565 of 2010 (O&M) 2 I went to the house of accused Raj Kumar alongwith my father where accused Raj Kumar told to us that there is a requirement of candidates for the post of ticket collector under the Ministry quota and if you need this job then you have to pay a sum of Rs. 7 lacs for this post. On this, my father replied that at present I am not having this very much huge amount and I will pay to you in three instalments. In the month of April, 2009 my father had paid a sum of Rs. 2 lacs to accused in his house. Accused told father that after a week I will go to Kolkata and after a period of week complainant and accused both reached at Howrah by train where accused called to Sehdab Alam and Ashraf Ali both resident of Makhyali Laksar Uttar Pradesh and put my signatures on various papers and take the attested copy of certificates and then accused took me to railway hospital and there he met with his associates who known to the accused and in hospital he done my medical by the doctor and on the next day I gave my reporting in which they took my finger prints of both hands and then they told me that now you can go to your house and after a period of 20 days your result will display by internet. Accused again told to me that you please deposit remaining instalment i.e a sum of Rs.2 lacs then you will get a code number on this my father told that the registration of sale-deed of my house in the month of June then I can pay to you the balance amount on this accused told OK and then accused give me a code number Crl. Misc. No. M-16565 of 2010 (O&M) 3 822178 of Railway Recruitment Board, Calcutta. On the internet when I used this code number I saw my name in the list of passed candidates. I met with accused and accused told me that if you want the joining letter then again you have to go at Howrah. After 20 days approximately accused told to my father in his house and told that if you need a joining letter the first of all you have to pay the balance amount i.e. a sum of Rs.5 lacs. In the month of June, 2009 my father went to the house of accused regarding to pay the balance amount and after paid the entire amount complainant, accused and two other candidates went to the Howrah for a purpose of getting the joining letter and we reached to the office of DRM with aforesaid accused for a purpose of getting the joining letter where we met with officer who took our signature in register and then they handover the joining letter to us. The said officer also handover two other documents regarding to give the character certificate from Sarpanch, SDM or BDO. I have already given a copy of the joining letter in training center at Howrah Bawal Gachi place where I completed my training of ticket collector in 45 days. After completion of my training I come back. In the month of October, 2009 accused handover a posting letter alongwith a slip of salary related with training period which is a sum of Rs. 3250/- and salary slip to me in the temple. As per the posting letter the complainant will join at Tildanga station, Malda Division in Crl. Misc. No. M-16565 of 2010 (O&M) 4 a period of 05.01.2010 to 12.01.2010. I reach Howrah station on dated 05.01.2010 for joining where I met with the person who told me that he is an employee of railway who told me that you cannot join and he give me a copy of form regarding to attested by gazetted officer. On dated 13.2.2010 I handover a copy of posting letter to aforesaid accused persons at Howrah. The aforesaid accused persons give me a fresh joining letter and as per that joining letter I have to join at Raniganj station on dated 27.3.2010. I went to the house of accused alongwith my father with this hope that this time he will definitely join my son on duty. The accused person has not given any assurance regarding to joining and he demanding more money to my father. On this I told that we are helpless. In the meanwhile complainant met with one Rajinder Kumar son of Karan Singh who also come back after completion of his training and he further told me that he is not satisfied with the entire proceedings and these are all fake proceedings. I am not satisfied and these are all fake proceedings because regarding the recruitment of the jobs in railway, the railway recruitment board first of all conducted the written examination of candidates but in our case we have not given any written examination. That Ajit Singh son of Sohan Singh, Rajan Chaudhary son of Subhash Chaudhary and Gursimranjit Singh son of Kuldeep Singh residence of Khan Ahmadpur, Interjeet Lamba son of Subhash Chand residence of Sultanpur and Amit Kumar son Crl. Misc. No. M-16565 of 2010 (O&M) 5 of Darshan Lal residence of Sultanpur are also adduced by accused persons. The posting letter dated 28.3.2010 is regarding for joining at Chitranjan station. I went to the house of accused alongwith my father Roop Chand, Sohan Singh, Subash Chaudhary where we told to accused that on dated 28.3.2010 whether my son will join or not as per the posting letter. On this accused to get anger and threatened to kill us. That the accused person prepared the forged document and cheated us by taking the money regarding to get a job in railway. Kindly take legal action against him." Learned counsel for the petitioner has submitted that the petitioner is in custody since 17.4.2010. Petitioner has been falsely involved in this case. Investigation in this case is complete and petitioner is not required for further investigation. The case under Section 420 IPC has been registered against the complainant Daya Shankar. Learned State counsel, on the instructions from ASI Balraj Singh, has submitted that no case under Section 420 IPC is pending against the complainant. Petitioner had taken money from various persons and had in fact taken Rs.50,00,000/- from them. After hearing the learned counsel for the parties, I am of the opinion that the instant petition deserves dismissal. The allegations levelled against the petitioner are serious in nature. Accordingly, this petition is dismissed. (SABINA) June 30, 2010 JUDGE Anand