The Allahabad High Court while rejecting the bail application said that it is unfortunate that, now-a-days, everywhere in the country, bogus manpower consultant agencies and fake recruitment agencies are mushrooming with the main illegal object of luring the unemployed youth with employment in government sectors as well as in foreign countries.
A Single Bench of Justice Manju Rani Chauhan passed this order while hearing a Criminal Misc Bail Application filed by Himanshu Kanaujiya.
The bail application has been filed on behalf of the applicant, Himanshu Kanaujiya with a prayer to release him on bail in Case under Sections 406, 420, 467, 468, 471 I.P.C, Police Station-Kotwali, District-Jaunpur, during pendency of trial.
As per the allegation in the FIR, the applicant, promising to provide a job to the informant, has taken Rs 1,60,000/- in his account and about Rs 4,00,000/- in cash and has given an appointment letter, which was found to be forged.
Counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the case due to mala fide intentions.
He further submitted that Rs 1,60,000/-, which has received in his account, is the money which the informant had taken from the applicant’s mother and returned the same.
He also submitted that in order to save himself from returning the money, which he had taken from the applicant’s mother, the informant placing forged documents has falsely implicated the applicant in the case. He had never promised to provide any job nor has given any forged appointment letter to the informant. He has been languishing in jail since 01.12.2023. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Lastly, it is submitted that there is no chance of the applicant fleeing away from the judicial process or tampering with the witnesses.
Per contra, A.G.A has opposed the bail prayer of the applicant by contending that the applicant has been cheated by taking an amount of Rs1,60,000/- in his account and Rs 4,00,000/- has been paid in cash and a forged appointment letter has been given. The forged appointment letter, which has been given by the applicant to the informant, is the part of the case diary and the Investigating Officer has found that the fraud and cheating has been done by the applicant.
He further submitted that apart from the cases explained by counsel for the applicant in the supplementary affidavit, there is one more case, which is similar in nature. Therefore, there is sufficient evidence available on record against the applicant, hence the applicant is not entitled for bail at this stage.
The Court observed that,
Perusal of the records goes to show that the applicant, on the assurance of providing a job, has been cheated by taking an amount from the informant and a forged appointment letter has been given to him. The forged appointment letter, which has been given by the applicant to the informant, is the part of the case diary and the Investigating Officer has found that the fraud and cheating has been done by the applicant.
While analyzing the provisions, the ingredients therein to the case, wherein, the complaint was lodged by the complainant, alleging that the informant was cheated by the accused under the guise of providing the job, this Court is of the view that a cognizable offence is made out to proceed against the accused person.
It is the specific allegation of the complainant that the accused person had received the money by making a promise that he would provide a job, however, later committed breach of trust and thereby, fraudulently and dishonestly induced him since he did not provide any job nor returned the money.
The very term “unemployment” will sound the death knell for the future of the youth of this nation. Every individual would like to stand on his own legs to avert the reverberations of the said word “unemployment”. Such untiring pursuit for employment by the youth is taken advantage of by certain sections/persons.
The Court said that it is unfortunate that, now-a-days, everywhere in the country, bogus manpower consultant agencies and fake recruitment agencies are mushrooming with the main illegal object of luring the unemployed youth with employment in government sectors as well as in foreign countries. The youth too, without knowing the hidden agenda, are falling prey to such temptations of lucrative jobs and paying huge amounts even by selling the properties held by their families or availing loans from financial institutions with high rates of interest. While in some cases, the consultancies or agencies would disappear overnight with the amount collected from the victims, in some other cases, they used to issue fake appointment letters to the victims, who would know about the fraud played on them only at the time of joining the post. If ultimately, he is cheated, his entire future will be in peril and it is not easy to restore normalcy in life by overcoming the situation. In my firm view, these white-collar crimes, which have drastic effects, should be dealt with iron hands and severe punishment should be awarded to the culprits.
Taking into account the gravity of the offense, the evidence presented, the involvement of the accused, the severity of the punishment, and the arguments put forth by the counsel for both parties, I discern no compelling reason to exercise my discretion in favor of the accused applicant, the Court further observed while rejecting the bail application.