Punjab-Haryana High Court
Munesh Devi vs State Of Haryana on 8 December, 2023
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2023:PHHC:157243
CRM-M-55829-2023
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-55829-2023
Reserved on: 29.11.2023
Pronounced on: 08.12.2023
Munesh Devi ...Pe oner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. R.S. Rai, Senior Advocate with
Mr. Shokeen Singh Verma, Advocate for the pe oner.
Mr. Rajat Gautam, Addl. A.G. Haryana.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Sta0on Sec0ons 213 06.06.2023 Furrukhnagar, 384, 388, 389, 120-B IPC District Gurugram (7, 13(1) (d) of Preven on of Corrup on Act, 1988 added later on)
1. The pe oner, who is a female Assistant Sub-Inspector of Police in Haryana Police, apprehending the arrest in the FIR cap oned above, has come up before this Court under Sec on 438 CrPC seeking An cipatory bail by filing the present pe on on 03.11.2023.
2. Vide order dated 06.11.2023, this Court had granted interim an cipatory bail to the pe oner, which is con nuing to date.
3. The pe oner's general conten on is that the custodial inves ga on is neither required nor would serve any purpose whatsoever, and the pre-trial incarcera on would cause an irreversible injus ce to the pe oner and family.
4. The state's counsel opposes the bail and states that considering the allega ons, the pe oner's custodial interroga on is necessary.
5. The facts are being taken from a reply dated 18.11.2023 filed by the Assistant Commissioner of Police, Pataudi, Gurugram, and it would be relevant to extract the FIR from paragraph 2 of the said reply, which reads as follows:
"2. That before proceeding further with the present status report, it is impera ve to men on some facts of the present case, which are that the case FIR No. 213 dated 06.06.2023 u/s 384, 388, 389, 120- B IPC was registered at P.S. Farrukhnagar, Gurugram on the complaint submi/ed by the complainant Suraj Jha. The contents of 1 1 of 8 ::: Downloaded on - 09-12-2023 04:48:09 ::: Neutral Citation No:=2023:PHHC:157243 CRM-M-55829-2023 the present FIR are reproduced as under:-
"To, SHO F Nagar, Gurugram, Haryana Respected Sir, CASE AGAINST HONEY TRAP. I am giving this wri/en complaint to you and I want you to take some ac on against it soon and save other people's lives from being destroyed. This story which I am telling you is my experience which has happened with me and not only with me there are many other people with whom this is happening and there are so many of them who are not able to give money to anyone and they are taking the decision of self-immola on due to fear and humilia on in the society, because people have no other op on le<, don't know how many lives are going to be ruined. I am using a da ng applica on called Bumble and while using it I matched with a girl named Binita Kumari on 14th May She told me she lives in Faruknagar with her sister and Brother in Law. Then She Invite me on 14th May 2023 there Near Radhey Sweets Faruknagar Gurugram and then She told me to let's have booze together in a hotel Room Hotel Name was Shiva Farm Faruknagar Booking through OYO And then we went to the Hotel and Check in to our ID Proof at 12:29 PM. A<er that We go inside the room and had a good conversa on with Beer a<er like 20 Minutes She started coming close to me and started touching on different parts of my body hence I also started moving forward in that Situa on Then she suddenly pushed me, and said, you tried to rape me. Then the girl told me to give me 50000 now, otherwise, I will accuse you of rape. I suddenly got scared and I said, why are you saying this to me? She said I will accuse you of rape, if you do not want to get trapped in this, then give the money now. Thought that this girl is wrong, it is not right to live with her, so I told her that I will leave her outside. You only called me, and then I came here But now why is she doing all this with me, the girl did not give any answer, but then we both le< the room and le< the girl where I had picked her up, then I come to my house. I get a call around 5:00 in the evening. The call was from Farukhnagar police sta on. From there the inspector called me. She said that Binita Kumari has filed a complaint against you that you tried to rape her. I told everything to the women Ass/. Sub-inspector Munesh Devi Then she tells me that the next day you come and meet me. She meets me at Rajiv Chowk by with her car. Her phone number is 9953954240 She said that you are caught in a big trap. So get over it anyhow. I told the whole thing to madam and said that I am being framed, you should inves gate and get it done properly. A<er an hour of mee ng Lady Ass/. Sub-Inspector, a lawyer namely Rajesh Kumar Mob. No. 8810531997 from Dwarka Court called and said that I will arrange everything, please meet me as soon as possible and the very next day I am going to meet him. Then he says you give me Rs.5,00000/-, I will manage and get the case finished. I said who gave you my number and from where did you get it. He said that girl has given me the number you met and she is demanding Rs.5,00000/-. I was very nervous, I could not understand what to do because I did not know what and how to do in such a problem. I went to the court and did a full voice recording of what was happening through my watch. I told him that I have many proofs against him. I will file a complaint against you. However, inside I was also geHng nervous. Then on 18 May 2023, I get a call from that madam Munesh from Farukh Nagar police sta on that you should come here and meet us as soon as 2 2 of 8 ::: Downloaded on - 09-12-2023 04:48:10 ::: Neutral Citation No:=2023:PHHC:157243 CRM-M-55829-2023 possible. Then she started telling me that you are trapped, so I will se/le your case outside otherwise it will take you 7 years to prove that you are innocent. Only then that girl ming around 2-45 PM to 3 PM came there with a boy. Then that boy goes straight inside the police sta on and doesn't know what he talks about, a<er some me he comes with the I/O Munesh of the police sta on as per my friends because they are inside the police sta on who went with me. Their name are Anil and Abhishek. Then they talk to I/O Munesh Devi what we will do. We came here for this case. A<er some me then that boy who case with that girl Binita Kumari, he was telling lets manage this case give me 2 Laks rupees otherwise I will file a complaint and you will not be able to go back home because I had no one to tell or explain my point of view and all the people were involved in this conspiracy. They threatened me a lot, then a<er the whole conversa on finally demanded Rs. 1,00,000/- from me! I had no choice; Не would have arrested me on the spot. I took pictures of the boy who was there. Who came with the girl Binita Kumari. He took Rs. 70000/- in cash from my friend Anil & Abhishek and took Rs. 20,000/- from me through Google Pay. Some more people also trapped with this same type of case with the same girl name are Vinit Yadav. The details of the number on which the money was transferred, the details of the cars are being given to you along with the applica on. I have many evidence of in this case during this inves ga on and I can provide you whenever you need. Thank You Sincerely SD Suraj."
6. I have heard counsel for the par es and gone through the pe on as well as the reply. It would be relevant to extract paragraph 12 of the aforesaid reply which reads as follows:
"That the role of the pe oner Munesh Devi in the present case is that she is Assistant Sub-Inspector in Gurugram Police. She was in touch with accused Mahesh Phogat and that she had conversed from her mobile no. 9953954240 with accused Mahesh Phogat on his mobile no. 9870575961 eleven mes during the period from 01.07.2022 to 12.06.2023. Further, the accused Mahesh Phogat has stated before the police that from the amount of Rs. 70,000/- he had received, he had given Rs. 35,000/- to the pe oner in cash."
7. Counsel for the pe oner has argued that it is a case of false implica on, and the FIR was registered a>er a delay of 60 days. He further submits that the pe oner is falsely implicated, and there is no evidence against her that she had received any money. Even per the prosecu on's case, out of the demand of Rs.2 lakhs, Rs.90,000/- was paid to Binita Kumari. He further submits that the telephonic conversa on is not connected with the pe oner.
8. However, on the contrary, Mr. Rajat Gautam, Addi onal Advocate General for the State of Haryana submits that it was a case of honey trap in which the pe oner, being a Police Officer, was involved. She also tried to befool the complainant and got her share of the bribe from the total bribe received by her co-accused. Even though she had a due 3 3 of 8 ::: Downloaded on - 09-12-2023 04:48:10 ::: Neutral Citation No:=2023:PHHC:157243 CRM-M-55829-2023 from the share of the remaining amount, they were exposed before the complainant would have paid it. He further submits that it is a case of honey trapping where innocent males are being allured to do a consensual sexual ac vity, which is later given the color of forcible sexual intercourse, i.e., rape or molesta on, and money is extracted from them. State counsel further submits that the families are being destroyed because of this honey trapping, and whatever the complainant has stated in the complaint is truthful. State counsel on instruc on submits that they want custodial interroga on of the pe oner to find out the involvement of other ladies involved in similar honey trapping.
9. An analysis of pleadings of the bail pe on and the reply as well as the arguments addressed in the Court would lead to the following outcome.
10. The prosecu on has gathered sufficient evidence that the pe oner persuaded the complainant to seEle the maEer in return for money. Being a police officer, she was under an obliga on to maintain law and order and to protect people from any crime. On the contrary, she was a member of a trapping gang and was extor ng the complainant to extract money from him. The pe oner, being a member of the police force, was aware of so> provisions to deal with false implica ons and also wrong provisions, when the complainant and witnesses make a false statement, and she exploited the legal loopholes by circula ng to the complainant that in case he did not pay, he would be involved in a severe sexual offence maEer, and his liberty would be socially curtailed. Under such pressure, they were able to extract an amount of Rs. 90,000/-from the complainant.
11. The Legislature had made extremely stringent laws to protect women from perverts, criminals, and those who do not respect womanhood. However, evil women like the pe oner, themselves being female and knowing their frailty, took advantage of the provision of stringent laws enacted to protect them by roping in innocent males in honey trapping. Honey trapping is a sneaky tac c to cheat, like a spider weaving a web to catch its prey. Honey trapping, o>en employed for espionage or personal gain, involves seduc on to manipulate individuals into compromising situa ons. Beyond damaging trust in personal rela onships, it can have broader societal consequences. In the realm of na onal security, honey trapping can jeopardize confiden al informa on as individuals targeted may unwiJngly disclose sensi ve details. It poses a threat not only to the individuals involved but also to the security of na ons. Governments and organiza ons invest heavily in counterintelligence to mi gate these risks. On a societal level, the erosion of trust due to honey trapping can lead to increased skep cism and suspicion. People may become more guarded, hindering genuine connec ons and 4 4 of 8 ::: Downloaded on - 09-12-2023 04:48:10 ::: Neutral Citation No:=2023:PHHC:157243 CRM-M-55829-2023 coopera on. It may also contribute to a breakdown in the social fabric and healthy rela onships because human collabora ons are built on a founda on of trust.
12. In today's world, social media plaKorms are used as channels through which individuals seek to quench their basic social need to form human connec ons. In their quest to seek human companionship, amid impulsive expecta ons to indulge in rela onships, they become suscep ble to malicious aEacks by certain notorious elements of society, who, on the pretext of forming a genuine connec on, aim at monetary gains through harassment and extor on of the unsuspec ng public. When such personal interac ons take a more in mate contour, black and white seems to become an indis nguishable grey to the naked public eye. Given the historical and cultural fabric of Indian society/trusts the female narra ve, as crimes against women have me and again shocked the collec ve conscience of our society. However, in cases where the 'vic m narra ve' is fabricated, as a ploy used by certain evil-inten oned women to threaten or harass innocent men and take advantage of our criminal jus ce system, serious considera on and sensi za on is required. In such sensi ve maEers, where a guiltless man, aggrieved by false play, in order to protect his dignity and hard- earned reputa on, knocks on the door of our criminal jus ce system to salvage whatever is le> of his sanity, and is driven astray, it is a maEer of grave concern for the society at large. We have to ask ourselves if we want to accept a society where a public officer on duty to protect the welfare of its ci zens, instead of assuring the vic m of an alleged crime of geJng jus ce, monopolizes and thrives on his fear and vulnerability, poten ally aiding and assis ng the real perpetrators of crime, in lieu of money? In our society, when a man is charged with a heinous crime like that of rape, the consequences, both legal and social, are profound. The burden of poten ally carrying a tainted reputa on for life may lead even a socially well-adjusted man to lose his personality, make him unable to face his family, friends, and peers, poten ally driving him to depression or suicide because of the associated shame, fear, humilia on, loss of career and loss of honour which comes along with such allega ons. The effects of false accusa ons of molesta on or rape on a man's psychological, professional, and personal well-being are devasta ngly far-reaching, and the adverse impacts of such labelling on a virtuous ra onal man's psyche and personality cannot be quan fied. It is these ill effects that serve as an ideal environment for those who wish to flourish in the honey-trapping business, pushing the vic m into a corner so he has no other alternate recourse than to succumb to their unfair demands in a poten ally vola le situa on.
13. The pe oner's conduct has led to the outcome cap oned above. An analysis of the allega ons and evidence collected does not warrant the grant of bail to the 5 5 of 8 ::: Downloaded on - 09-12-2023 04:48:10 ::: Neutral Citation No:=2023:PHHC:157243 CRM-M-55829-2023 pe oner. Given the nature of allega ons, the pe oner fails to make a case for an cipatory bail, and her custodial interroga on is required to unearth the racket and find the involvement of other police officers and other members of the gang.
14. In Sumitha Pradeep v Arun Kumar CK, 2022 SCC OnLine SC 1529, Supreme Court holds, [16]. ... We have no ced one common argument being canvassed that no custodial interroga on is required and, therefore, an cipatory bail may be granted. There appears to be a serious misconcep on of law that if no case for custodial interroga on is made out by the prosecu on, then that alone would be a good ground to grant an cipatory bail. Custodial interroga on can be one of the relevant aspects to be considered along with other grounds while deciding an applica on seeking an cipatory bail. There may be many cases in which the custodial interroga on of the accused may not be required, but that does not mean that the prima facie case against the accused should be an cipatory bail. The first and foremost thing that the court hearing an an cipatory bail applica on should consider is the prima facie case put up against the accused. Therea>er, the nature of the offence should be looked into along with the severity of the punishment. Custodial interroga on can be one of the grounds to decline an cipatory bail. However, even if custodial interroga on is not required or necessitated, by itself, cannot be a ground to grant an cipatory bail.
15. In State of Gujarat v. Mohanlal Jitamalji Porwal (1987) 2 SCC 364, Supreme Court holds, [5]. ....The en re community is aggrieved if the economic offenders who ruin the economy of the State are not brought to book. A murder may be commiEed in the heat of moment upon passions being aroused. An economic offence is commiEed with cool calcula on and deliberate design with an eye on personal profit regardless of the consequence to the community. A disregard for the interest of the community can be manifested only at the cost of forfei ng the trust and faith of the community in the system to administer jus ce in an even-handed manner without fear of cri cism from the quarters which view white collar crimes with a permissive eye unmindful of the damage done to the na onal economy and na onal interest....."
16. In State rep. by CBI v. Anil Sharma, (1997) 7 SCC 187, Supreme Court holds, [6]. We find force in the submission of the CBI that custodial interroga on is qualita vely more elicita on oriented than ques oning a suspect who is well ensconded with a favourable order under Sec on 438 of the code. In a case like this effec ve interroga on of suspected person is of tremendous advantage in disinterring many useful informa ons and also materials which would have been concealed. Succession such interroga on would elude if the suspected person knows that he is well protected and insulted by a pre-arrest bail during the me he interrogated. Very o>en interroga on in such a condi on would reduce to a mere ritual. The argument that the custodial interroga on is fraught with 6 6 of 8 ::: Downloaded on - 09-12-2023 04:48:10 ::: Neutral Citation No:=2023:PHHC:157243 CRM-M-55829-2023 the danger of the person being subjected to third degree methods need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The court has to presume that responsible Police Officers would conduct themselves in task of disinterring offences would not conduct themselves as offenders.
17. In Jai Prakash Singh v. State of Bihar and another (2012) 4 SCC 379, Supreme Court holds, [19]. Parameters for grant of an cipatory bail in a serious offence are required to be sa sfied and further while gran ng such relief, the court must record the reasons therefor. An cipatory bail can be granted only in excep onal circumstances where the court is prima facie of the view that the applicant has falsely been enroped in the crime and would not misuse his liberty. [See D.K. Ganesh Babu v. P.T. Manokaran (2007) 4 SCC 434, State of Maharashtra v. Mohd. Sajid Husain Mohd. S. Husain (2008) 1 SCC 213 and Union of India v. Padam Narain Aggarwal (2008) 13 SCC 305].
18. In Y.S. Jagan Mohan Reddy v. CBI (2013) 7 SCC 439, Supreme Court holds, [34]. Economic offences cons tute a class apart and need to be visited with a different approach in the maEer of bail. The economic offences having deep-rooted conspiracies and involving huge loss of public funds need to be viewed seriously and considered as grave offences affec ng the economy of the country as a whole and thereby posing serious threat to the financial health of the country.
[35]. While gran ng bail, the court has to keep in mind the nature of accusa ons, the nature of evidence in support thereof, the severity of the punishment which convic on will entail, the character of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public/State and other similar considera ons.
19. In P. Chidambaram v. Directorate of Enforcement, 2019 9 SCC 24, Supreme Court holds, [70]. We are conscious of the fact that the legisla ve intent behind the introduc on of Sec on 438 Cr.P.C., 1973 is to safeguard the individual's personal liberty and to protect him from the possibility of being humiliated and from being subjected to unnecessary police custody. However, the court must also keep in view that a criminal offence is not just an offence against an individual, rather the larger societal interest is at stake. Therefore, a delicate balance is required to be established between the two rights - safeguarding the personal liberty of an individual and the societal interest. It cannot be said that refusal to grant an cipatory bail would amount to denial of the rights conferred upon the appellant under Ar cle 21 of the Cons tu on of India.
20. In Central Bureau of Inves ga on v. Santosh Karnani, Cr.A 1148 of 2023, dated 17-04- 2023, Supreme Court, in an FIR registered under sec ons under Sec ons 7, 13(1) and 13(2) of the Preven on of Corrup on Act, 1988, holds, 7 7 of 8 ::: Downloaded on - 09-12-2023 04:48:10 ::: Neutral Citation No:=2023:PHHC:157243 CRM-M-55829-2023 [24]. The me−tested principles are that no straitjacket formula can be applied for grant or refusal of an cipatory bail. The judicial discre on of the Court shall be guided by various relevant factors and largely it will depend upon the facts and circumstances of each case. The Court must draw a delicate balance between liberty of an individual as guaranteed under Ar cle 21 of the Cons tu on and the need for a fair and free inves ga on, which must be taken to its logical conclusion. Arrest has devasta ng and irreversible social s gma, humilia on, insult, mental pain and other fearful consequences. Regardless thereto, when the Court, on considera on of material informa on gathered by the Inves ga ng Agency, is prima facie sa sfied that there is something more than a mere needle of suspicion against the accused, it cannot jeopardise the inves ga on, more so when the allega ons are grave in nature.
[31]. The nature and gravity of the alleged offence should have been kept in mind by the High Court. Corrup on poses a serious threat to our society and must be dealt with iron hands. It not only leads to abysmal loss to the public exchequer but also tramples good governance. The common man stands deprived of the benefits percola ng under social welfare schemes and is the worst hit. It is aptly said, "Corrup on is a tree whose branches are of an unmeasurable length; they spread everywhere; and the dew that drops from thence, Hath infected some chairs and stools of authority." Hence, the need to be extra conscious.
21. In the background of the allega ons and the light of the judicial precedents men oned above in the facts and circumstances peculiar to this case, the pe oner fails to make a case for an cipatory bail.
22. Any observa on made hereinabove is neither an expression of opinion on the case's merits, neither the court taking up regular bail nor the trial Court shall advert to these comments.
Pe00on dismissed. Interim orders, if any, stand vacated. All pending applica ons, if any, also stand disposed.
(ANOOP CHITKARA)
JUDGE
Dec 08, 2023
Jyo -II
Whether speaking/reasoned: Yes
Whether reportable: YES.
Neutral Citation No:=2023:PHHC:157243
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