$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3214/2019
PALAK SACHDEVA ..... Petitioner
Through: Mr.Haneef Mohammad & Mr. Anil
Vyas, Advocates
versus
STATE ..... Respondent
Through: Ms.Meenakshi Dahiya, APP for State
With SI Jarnail Singh, PSJanakpuri
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 05.02.2020
The status report of the State has been placed on record. The
Trial Court Record in the e-form has been received.
Submissions have been made on behalf of the either side qua
the application filed on behalf of the applicant seeking grant of bail
under Section 439 Cr.P.C. r/w Section 482 Cr.P.C., 1973.
It has been submitted on behalf of the applicant that the
applicant has been falsely implicated in the instant case and that the
name of the petitioner is Palak Sachdeva whereas the name given
during the course of investigation is Palak Sachdeva @ Priya is
erroneous. The copy of her marksheet of the Delhi University has
been submitted on record which indicates that the name of the
applicant is Palak Sachdeva with it having been sought to be
submitted on behalf of the applicant that Priya was a person who
worked in the company of Ishpreet, the co-accused stated to be person
running the Blackstone Migration Services, Janakpuri West, and that
the said Ishpreet is already on bail granted vide order dated 28.1.2020
during the course of bail application 423/2020 by the ASJ concerned
itself. It has been submitted on behalf of the applicant that no Test
Identification Parade was conducted in relation to the applicant qua
which it has been submitted on behalf of the State that there are
witnesses who had identified the applicant at the Police Station as
being one of the persons who had received the money at the time
when they went to the office at the Blackstone Migration Services,
Janakpuri, for getting passports made to go to Canada for which they
had been allegedly allured into and duped by the accused persons in
this case.
The status report that has been submitted by the State states to
the effect that the accused persons Ishpreet, Karan Kumar, Palak
Sachdeva @ Priya, i.e.,the applicant, Akanksha and Kulwinder used
to run an immigration office in the name and style of Blackstone
Migration Services, at B-1/632,Janakpuri, Delhi and that they
operated the said office from August, 2018 to April 2019 and duped
several persons of lakhs of rupees on the pretext of sending them
abroad on work VISA and that they closed their office in April and
escaped with the money and passport of the complainants and that
there were total of 56 complainants and 6 of the complainants were
also provided with fake work VISAs. Inter alia, it has been submitted
through the said status report that during the course of investigation
on 22.5.2019, the accused person Palak Sachdeva, i.e., the applicant,
Ishpreet Singh, Karan Kumar and Akanksha were arrested from their
stated hideout at J-102, Jaipuria Green Sunrise Apartment, VIP Road,
Zirakpur, Patiala, Punjab and the passports of 136 persons, a verna
car, 13 mobile phones and 30 SIM Cards, one laptop were recovered
from their possession. It is further indicated through the status report
that in their disclosure statement the accused persons had stated that
they have duped near about 200 persons and they used to provide fake
offer letters of foreign companies. It is further submitted through the
status report that fake visas and fake offer letters were found in the
storage of the accused Ishpreet Singh’s laptop and that the same has
been sent to FSL, Rohini for examination and that the soft copy of the
fake visas were found in the mobile phone of the co-accused Ishpreet
Singh and that the same has been verified from the Ministry of
External Affairs which were found fake and forged.
In reply to a specific Court query, it has been submitted on
behalf of the State that no such recovery of any of the fake visas was
effected from the applicant. It is reiterated on behalf of the State that
the applicant used to allure the complainants through telephone calls
and also used to conduct the counselling of the aspirants and work out
the paper formalities and that as per the status report, the mastermind
of the stated scam was Ishpreet Singh who would provide her share of
the cheated money in cash. It has been submitted on behalf of the
petitioner that no investigation has been conducted by the
Investigating agency in relation to any monies deposited into the
account of the applicant which has not been so refuted on behalf of
the State.
It has been submitted on behalf of the State that there are
proceedings under Section 82 Cr.p.C. initiated against one Sharvan
Chaudhary and two other persons named Kulwinder Singh Sidhu and
Amardeep Singh @ Kaka having been declared proclaimed offenders.
It has been submitted through the status report that the large amount
of money to the tune of Rs.28,99,880/- is involved in the matter.
Investigation in the matter is complete as informed on behalf of the
State in reply to a specific Court query.
The proceedings in the bail application No. 423/2020 dated
28.1.2020 of the co-accused Ispreet Singh, the stated kingpin of the
entire alleged conspiracy alluring and duping person who is on bail
indicates that the Investigating Officer has made a statement that
whatsoever documents were required to be seized have already been
seized by the Investigating Officer and that even the co-accused
Ishpreet Singh was not required for the purpose of investigation in the
instant case.
In reply to a specific Court query as submitted on behalf of the
State that the charge sheet having already been filed in the instant
case with it having been informed that there are no previous
antecedents of the applicant, with the applicant stated to be in custody
since 23.5.2019, the applicant is allowed to be released on bail on her
furnishing a personal bond in the sum of Rs.1,00,000/- with one
surety in the like amount to the satisfaction of the learned Trial Court
with the directions that the applicant shall not leave the country and
shall appear before the learned Trial Court as and when directed.
The Bail Appln. No. 3214/2019 is disposed of.
Copy of the order be given Dasti, as prayed.
ANU MALHOTRA, J
FEBRUARY 05, 2020/SV
