Allowed

Ajit v. State of Haryana

Punjab & Haryana HC20 Dec 2024CRM-M/63213/2024

Case brief

AI extract

What is this about?

Regular bail in an army recruitment cheating FIR involving fake candidates solving papers via mobile devices. The petitioner was in custody about 11 months 26 days with no other criminal cases. On parity with co-accused Mandeep and Sang Singh who were granted bail, the court allowed the second bail petition.

What did the court decide?

Petitioner admitted to regular bail on furnishing bail bonds and surety bonds to the satisfaction of trial Court/Duty Magistrate.

Ajit Vs State of Haryana — Cheating and Forgery | Punjab & Haryana HC (2024)

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201 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-63213-2024 Date of Decision: December 20, 2024

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Ajit Singh …Pe..oner

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Versus

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State of Haryana …Respondent

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CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

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Present: - Mr. Ankur Mehta, Advocate for the pe��oner.

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DEEPAK GUPTA, J.(Oral)

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By way of this pe��on filed under Sec�on 483 of the Bhara�ya Nagrik Suraksha Sanhita, 2023 (old Sec�on 439 Cr.P.C.), pe��oner prays for grant of regular bail in case FIR No.635 dated 21.12.2023 under Sec�ons 420, 120-B IPC (Sec�ons 419 IPC and Sec�on 66-D of Informa�on and Technology Act, 2000 added later on), registered at Police Sta�on Ambala Can6, District Ambala, Haryana.

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The this is second bail pe��on for the purpose. The earlier bail pe��on of the pe��oner, i.e. CRM-M-12738-2024 was dismissed by this Court vide order dated 28.05.2024 (Annexure P-3).

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It emerges that on 21.12.2023, recruitment of Defence Civil Empty for Group Command Level was being conducted at Kharga Stadium Ambala Can6, during which Subedar Akhileshwar Kumar performing his duty as Invigilator, no�ced a candidate Chaub Singh talking on mobile phone. On his search, he was found to be connected with mobile/connec�ng device, i.e. a smart phone. Someone was helping in solving the paper by chea�ng with the help of other persons. Complainant – Akhileshwar Singh with other staff conducted search and as many as 16 candidates were found caught doing chea�ng and various mobiles and connec�ng devices were recovered from their respec�ve possession. On the complaint of Subedar Akhileshwar Singh, FIR was registered. Coaccused Sunil was produced by the army authori�es as he was apprehended while solving the paper in place of candidate Chaub Singh. Mobile phone of Samsung and mobile device were recovered from said Sunil. During his interroga�on, he suffered disclosure statement disclosing

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Sarita Rani 2024.12.20 15:02 I attest to the accuracy of this document/order

CRM-M-63213-2024

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2024:PHHC:171667

that he alongwith Birendra alias Bijendra, Ajit @ Chota (present pe��oner) do the work of chea�ng in army recruitment and provide fake candidates; and that he was apprehended by the army people while he was solving the paper in place of Chaub Singh. During further inves�ga�on, co-accused Sushil Kumar was arrested on 23.12.2023 alongwith pe��oner - Ajit Singh. Both of them admi6ed their involvement in the commission of crime. It was disclosed by these accused that they were members of the gang. Pe��oner – Ajit used to bring the fake candidates in his car at the �me of exam des�na�on, who used to solve the paper for the actual candidates. He got recovered two mobile phones, mobile device and rubber stamp wri6en as Balaji Enterprises, besides cer�ficates of some candidates. Pe��oner also disclosed that he alongwith Sunil and Sushil Kumar were working for preparing fake candidates.

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It is contended by learned counsel for the pe��oner that similarly placed co-accused Mandeep and Sang Singh have since been allowed bail by this Court on different occasions. It is also contended that the case is triable by Magistrate and the pe��oner is in custody for the last approximately 01 year with no other criminal case pending against him and so he be allowed bail.

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No�ce of mo�on.

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Mr. R.K.S. Brar, Addl. A.G., Haryana accepts no�ce on behalf of the respondent-State.

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Learned State counsel could not refute the aforesaid conten�on to the effect that the case of the pe��oner is on parity with coaccused Mandeep, who was allowed bail by this Court vide order dated 20.11.2024 passed in CRM-M-56726-2024 (Annexure P-4) and another coaccused - Sang Singh was allowed bail vide order dated 19.11.2024 passed in CRM-M-56496-2024 (Annexure P-5).

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The custody cer�ficate placed on record would indicate that the pe��oner is in custody for the last 11 months and 26 days. No other criminal case is pending against him. The case is triable by the Magistrate and the trial is likely to take long �me to conclude.

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Sarita Rani 2024.12.20 15:02 I attest to the accuracy of this document/order

CRM-M-63213-2024

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2024:PHHC:171667

Having no�ced all the aforesaid facts and circumstances, par�cularly on the basis of parity, but without commen�ng anything further on merits of the case, present pe��on is allowed. Pe��oner is admi6ed to regular bail and he is ordered to be released on bail on his furnishing requisite bail bonds and surety bonds to the sa�sfac�on of the trial Court/Duty Magistrate concerned, on usual terms and condi�ons.

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December 20, 2024 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No

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Sarita Rani 2024.12.20 15:02 I attest to the accuracy of this document/order

Ajit v. State of Haryana

Case brief

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Ajit v. State of Haryana

Case brief

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