CRM-M-11983-2022 (O&M)
Date of Decision:- 09.1.2023 

CRM-M-14561-2022 (O&M)
High Court for the States of Punjab and Haryana At Chandigarh
(Anil Naggar Versus State of Haryana)

CORAM: HON’BLE MR. JUSTICE GURVINDER SINGH GILL

PC ACT Section 7 Fraud job Scam Bail Accused being owner of hired Software Agency in connivance with petitioner allotted the work of online application portal by Haryana Public Service Commission had been securing jobs for various applicants by fraudulent means and were earning crores of rupees Complainant alleged that the modus operandi was that the said persons used to ask the candidates to attempt only 30-40 questions and to keep blank the remaining answers so that the same could be ticked as correct subsequently in OMR sheets Without commenting anything as regards the merits of the case but while noticing that the petitioners have been behind bars for a substantial period and otherwise enjoy a clean record and also that conclusion of trial is likely to consume time inasmuch as trial has not even commenced and charges are yet to be framed, further detention of the petitioners is not justified – Petition accepted and petitioners are ordered to be released on bail Appeal allowed

Relevant Paras 

4. Opposing the petitions, learned State counsel has submitted that in the present case sufficient evidence has been collected during the course of investigation so as to establish the complicity of the petitioners and that an amount of more than Rs.3 crores has been recovered apart from audio recording, FSL reports, WhatsApp chat and the opinion regarding hand-writing which would all indicate that the petitioners were hand in gloves with each other for the purpose of committing this fraud. Learned State counsel has submitted that while petitioner-Naveen was caught red handed at the spot when the complainant handed over an amount of Rs.20 lakhs to him, co- accused Ashish came to be nominated pursuant to the disclosure statement made by said Naveen and said Ashwani further nominated Anil Daggar HCS and clearly indicated his involvement. It has further been informed that the Pawan Gupta also came to be nominated on the basis of statement of Ashwani Sharma who clearly stated that Pawan Gupta had referred 5 candidates out of which 4 came to be selected but of course by dubious means. Learned State counsel has however, informed that while Naveen, Ashwani and Anil Daggar have been behind bars since the last more than 1 year, Pawan Gupta has been behind bars for the last 6/7 months. It has also been informed that none of the petitioners otherwise is involved in any other case. Learned State counsel has informed that charges are yet to be framed and as many as a total of 57 PWs have been cited.

5. This Court has considered the rival submissions.

6. Without commenting anything as regards the merits of the case but while noticing that the petitioners have been behind bars for a substantial period and otherwise enjoy a clean record and also that conclusion of trial is likely to consume time inasmuch as trial has not even commenced and charges are yet to be framed, further detention of the petitioners is not justified. The petitions, as such, are accepted and the petitioners are ordered to be released on bail subject to their furnishing bail bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

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Anil Naggar Vs State of Haryana 09_01_2023_FINAL_ORDER The Law Literates

 

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