HC granted bail to the petitioner on the ground that the main dispute is of cheating and he is not the beneficiary under any transaction

  

The Punjab and Haryana HC was dealing with the petition filed under Section 439 Cr.P.C. for grant of regular bail to the petitioners in FIR registered under Sections 406/420/467/468/471 of IPC.

Learned counsel for the petitioners submitted that the FIR came to be registered at the request of a director who contacted one BSP Enterprises for transporting material from Safidon to different States. The name of BSP Enterprises was obtained from Just Dial Company. It was argued that as per the FIR, an amount was given to the owner of BSP Enterprises to handover to the transporters, however, the said payment was never made and, therefore, in this manner, the FIR on the basis of cheating came to be registered against the BSP Enterprises.

It was further argued that the only role attributed to the petitioners, who are not named in the FIR, is that they supplied mobile sim cards, which, according to the State, are based on fake IDs. It was further argued that even if all the allegations are to be taken to be true against the petitioners herein, they are not the beneficiaries under any transaction that took place between the complainant and the BSP Enterprises, which would be a money dispute. It was argued that the matter regarding them is investigated and no recovery is to be affected from them and, therefore, their custody, which is already of the period of two months, would no longer be required.

Learned counsel for the respondent contended that the petitioners herein are the ones who prepared on fake IDs the sim cards which were used by the co-accused.

After hearing both the sides, the HC granted bail to the petitioners considering the fact that the main dispute, as per the FIR, would be of cheating done by the BSP Enterprises.

HC allowed the petition and directed to release the petitioners on regular bail on execution of adequate personal bond and surety bond to the satisfaction of concerned trial Court/Duty Magistrate.

Bench: Hon'ble Ms. Justice Jaishree Thakur

Case Title: Mohit and another v. State of Haryana

Case Details: CRM-M-46164-2021

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