Vivek Kumar Gautam v. State of Haryana and Another

ANOOP CHITKARA, J. FIR No. Dated Police Station Sections 304 27.06.2024 Jind City 406, 420 IPC

¶1The pe!!oner apprehending arrest in the FIR cap!oned above has come up before this Court under Sec!on 482 of Bhara!ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an!cipatory bail.

¶2In the bail applica!on, the pe!!oner is silent about criminal antecedents. However, as per paragraph 9 of the status report, the accused has the following criminal antecedents: Sr. No. FIR No. Dated Offenses Police Station

¶1626 07.08.202 354 (D), 509, 506, 34 IPC Dabri Police District Dawarka

¶2107 27.02.202 420, 406 IPC City Jind

¶3The facts and allega!ons are being taken from the status report filed by the State, which reads as follows: "2. That the brief facts of the case are that on the complaint of the respondent No.2-Vikas, son of Mr. Rajender Sharma, resident of Ajmer Bas!, Bhiwani Road, Jind, a case bearing FIR No.304 dated 27.06.2024 u/s 406, 420 IPC was registered at Police Sta!on City Jind (Annexure P-1). The complainant in the complaint has averred as under:- "Sir, the request is that I am Vikas, son of Mr. Rajender Sharma, residentJYOTI order/judgment. 1 of Ajmer Bas!, Bhiwani Road, Jind. 1. That I am resident of the above address. 2. This is that I, the applicant, had gone to Ambala on 12/08/2023 regarding some subject/ma:er, there I met a person through whom he told his name as Vivek Gautam, resident of Rohini Delhi, whose mobile number: 95521-xxxx. He told me that he is the Bank Manager of City Bank Rohini, Delhi and said that I also provide loans to people from my bank. If you also need a loan, then please tell me, I will give you a loan from my own bank and that too, at low interest rates. 3. This is that a@er some !me a WhatsApp message came on my phone from Vivek Gautam, resident of Rohini Delhi that I want to sell a vehicle which is of Punjab number whose vehicle number is: PB13BA2360 and I want to sell this vehicle as soon as possible. Yes, I will sell this car for only five lakhs and I will also give you some commission on it, on which I have already said that I will soon call you and tell you about it. 4. A@er a few days, I again got a call from Vivek Gautam resident of Rohini Delhi that you have not yet told me about the vehicle. On which I said that your car is not worth that much money, at most your car is worth around three lakhs and not more than that. If someone else buys this car from you for more than this, then you give this car to him, on which he said that it is your job to buy and sell the car, you only take this car and you give this car to me. Give only four lakhs. 5. This is that when Vivek Gautam resident of Rohini Delhi said this, I refused to buy his car and said that I do not have enough money to buy your car. On which Vivek Gautam resident Rohini Delhi said that there is no ques!on of money, I am a bank manager and I will give you a bank loan of 8-10 lakhs and you take my car, on which I said that I do not have any property there on which I can take a loan. 6. This is that a@er I said this, Vivek Gautam resident of Rohini Delhi said that you have your own shop, you should bring the photo of your shop and GST Number, copy of Aadhar Card, Pan Card and you will get the copy of your loan. You will get the amount, but before taking the loan, you will have to give 2 blank cheques of your bank, which are without signature and are yours, as a security to the loan giving bank. 7. This is Vivek Gautam on being asked by resident of Rohini Delhi, I gave him all the documents which he had asked for in the name of loan and said that to pass your loan of Rs. 8 lakh, it will cost me around Rs.2 lakh fi@y thousand and you will have to pay Rs. You will have to pay now, on which I gave him two lakh rupees in cash to get his loan passed and said that I will give the rest later, on which he said that if you want the rest later, you can contact my bank or call. Make the order/judgment. number online. 8. This is that a@er a few days Vivek Gautam resident of Rohini Delhi calls again and says that you have not paid the outstanding money due to which your loan is pending on which I will transfer some money to him online in his bank or on his phone number. Through which I paid Rs.38,000/- which was given from my own account. 9. This is that a@er I did not receive the loan amount for some !me, I contacted it and through this I told the applicant that I will have to pay more money, on which I the applicant got suspicious about this and I informed about this. I lodged a complaint regarding this on CYBER PORTAL whose complaint number is:-21310230035150, a copy of the slip is also a:ached. 10 Finally, I request you to take legal ac!on as soon as possible against the fraud commi:ed by Vivek Gautam resident of Rohini Delhi in the name of loan against me and I get all my money back. It will be your utmost pleasure. Thank you. Date 17/01/2024 Sd/ Vikas Applicant Vikas S/o Shri Rajender Sharma Resident Ajmer Bas! Bhiwani Road Jind Mobile No. 98025-xxxxx." From the preliminary enquiry conducted by Incharge, District Inves!ga!on Cell, Jind and legal opinion from the Assistant District A:orney (P) office of the Superintendent of Police, Jind, a prima-facie offence u/s 406, 420 IPC was found to be commi:ed which requires thorough inves!ga!on of the case. Upon which the aforemen!oned case FIR No.304 dated 27.06.2024 under sec!on 406/420 IPC, was registered at Police Sta!on City Jind."

¶4Pe!!oner's counsel has argued that there has been an inordinate and unexplained delay of almost 8-9 months in registra!on of the present FIR as the first complaint was filed with cyber cell on 20.10.2023 and the present FIR came to be registered on 27.06.2024. He submits that the present Police officials of the Haryana Police hold enmity towards the present pe!!oner because of the enmity that one of their official namely HC Anup Singh (complainant in earlier FIR 107/2021) holds with the pe!!oner. That the said Anup Singh was once friend of the pe!!oner and because of certain monetary dispute between both the said Anup Singh started holding grudges with the pe!!oner which later resulted in the said Anup Singh filing FIR based on fake/ false and fabricated facts against the pe!!oner. He further submits that the pe!!oner was also illegally arrested in the said FIR for which the pe!!oner aCer being granted regular bail by the Hon'ble Supreme Court of India filed contempt pe!!on against the Haryana Police Officials where the Haryana Police officials have not filed any reply despite several opportuni!es. It is per!nent to men!on that the said State of Haryana has filed a detailed status report in the present pe!!on showcasing the legality of the said arrest but failed to file any reply before the Hon'ble Delhi High Court the said order/judgment. 3 contempt. That the evidence showcasing the said illegal arrest. He further submits that the present FIR has been filed only to seFle the grudges aCer again arres!ng the present pe!!oner as he has filed several cases against the said Anup Singh and other Haryana Police Officers. Details of those cases are: i. Contempt pe!!on for illegal arrest; ii. Civil suit for recovery against said Anup Singh iii. Complaint against the said Anup Singh before State Police Complaint Authority where an inves!ga!on for offence of chea!ng & extor!on has been ordered against said Anup Singh.

¶5The pe!!oner's counsel prays for bail by imposing any stringent condi!ons and contends that further pre-trial incarcera!on would cause an irreversible injus!ce to the pe!!oner and his family.

¶6The State's counsel opposes bail and refers to the status report.

¶7It would be appropriate to refer to the following por!ons of the status report, which read as follows: "5. That the asser!on of the pe!!oner that he is serving as Branch Manager in a private Bank is concerned, it is submi:ed that the pe!!oner has not disclosed the name of bank where he is posted as branch Manager. However, during the course of inves!ga!on of the given below case, it has been surfaced that the pe!!oner is not working in any bank. False and frivolous asser!on of serving as Branch Manager in private bank has been made by the pe!!oner in this regard. The pe!!oner-accused Vivek Kumar Gautam son of Sh. Bhanu Partap Gautam, is permanent resident of Karuna, Police Office Malahi, District Sitamadhi (Bihar) and he is commiLng crimes on the temporary residen!al addresses of Delhi. The inves!ga!on of the case is s!ll undergoing.

¶11That during the course of inves!ga!on of the case, the pe!!oner-accused was joined in the inves!ga!on of the case twice, but he has not cooperated the Inves!ga!ng Officer in the inves!ga!on of the case and withheld vital informa!on pertaining to present case. During the course of inves!ga!on, it has been surfaced that the pe!!oner has introduced himself as Branch Manager in City Bank Rohini, Delhi and in order to cheat the complainant, took Rs.2,38,000/-(Rs.2,00,000/- cash and Rs.38,000/- online different transac!ons-Annexure R-1), two blank cheques, copy of Aadhar card and PAN card, on the pretext of sanc!oning him loan order/judgment. 4 amoun!ng to Rs.8 Lacs and cheated the complainant."

¶8A perusal of the bail pe!!on and the documents aFached primafacie points towards the pe!!oner's involvement and does not make out a case for bail. The impact of crime would also not jus!fy bail. Any further discussions will likely prejudice the pe!!oner; this court refrains from doing so.

¶9There is another reason that disen!tles the pe!!oner from bail, and that is his criminal antecedents. Evil people are always on the hunt to grab wealth from the gullible. The allega!ons involve duping investors by decep!on, chea!ng, and fraud. The sly way the pe!!oner and his accomplices conned, tricked, deceived, swindled, and defrauded the gullible complainant points towards the dangerous trend of the revival of thugee, and if not sternly dealt with now, it might upsurge, revisi!ng history.

¶10Any observa!on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶11Petition dismissed. Interim orders are recalled with immediate effect. All pending applica!ons, if any, are disposed of. (ANOOP CHITKARA) JUDGE

29.11.2024 Jyo!-II Whether reportable: No. order/judgment. 5

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 13.11.2024 Pronounced on: 29.11.2024 Vivek Kumar Gautam ...Pe!!oner Versus State of Haryana and another …Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Amit Thakur, Advocate for the pe!!oner. Mr. Vikrant Pamboo, Sr. DAG, Haryana. ****