JAMMU: In a case of fraud, the Crime Branch Jammu convinced the High Court for dismissal of anticipatory bail application of accused, Daljeet Singh, son of Gurcharan Singh of Phase 04, Mohali on merits of the case.
As per the case details, on the basis of a complaint, the CBJ registered case FIR No. 31/2021 U/S 420, 120-B/IPC at P/S Crime Branch Jammu against accused for his involvement in defrauding the complainant of Rs 4,59,800 on the pretext of providing work VISA of Canada.
While contesting the accused bail application, the CB argued that accused alongwith other co-accused, was not cooperating in the investigation of the case and was constantly on run to evade arrest. On sensing apprehension of his arrest by Crime Branch Jammu, the accused had applied for anticipatory bail before the J&K High Court, after the same was dismissed by the Ist Addl Session Court Jammu earlier also on being contested by Crime Branch Jammu on merits of the case.
The case owes its origin to a written complaint lodged by Manpreet Singh and Gagandeep Kour residents of Village Bharkh Tehsil Pouni, Reasi, who have alleged that accused had a conversation with Aditya from Mohali who induced and lured the complainant with an offer letter from Canada and told him and his wife to deposit Money in Health Insurance, Medical Check-up with the processing fee. Then later on he demanded more money on the name of Finger print forms, Embassy fee and the accommodation charges for their stay at Canada. After taking an overall amount of Rs 4, 59,800 from the complainant, the accused did not respond, nor did he pick up their phone calls. While dismissing the bail application, the Court inter-alia observed that the investigation is at its inception.
The petitioner is a person residing beyond the borders of the Union Territory of J&K and as per the Investigating agency; he is absconding and evading arrest. In these circumstances, if the petitioner is enlarged on bail in anticipation of his arrest, the whole investigation is likely to get derailed. For investigation to progress further, the presence of the petitioner and co-accused before the Investigating agency and their custodial interrogation is necessary.
The fact that the petitioner is absconding and is evading arrest disentitled him to grant of discretionary relief in terms of Section 438 CrPC.