Delhi High Court - Orders
Priyanka Bhardwaj Sindhu vs State on 5 September, 2023
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~68
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2965/2023
PRIYANKA BHARDWAJ SINDHU ..... Petitioner
Through: Mr. Rakesh Chahar, Advocate.
versus
STATE ..... Respondent
Through: Mr. Manoj Pant, APP for the State.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 05.09.2023
1. The instant application under Section 438 of the Code of Criminal Procedure, 1973 ('Cr.P.C') has been filed on behalf of the petitioner seeking anticipatory bail in FIR bearing no. 704/2022, registered at Police Station Rajouri Garden, Delhi for offences punishable under Sections 420/468/471/120B of the Indian Penal Code, 1860 ('IPC').
2. Brief facts of the case as per the FIR are that co-accused persons namely, Ashreen Verma and Ashok Verma had persuaded the complainant on multiple occasions to pay them monies on the assurance of issuing Visas and work permit for Canada. However, upon asking about the Visas, accused persons had given excuses to the complainant and had told him that they were working for applicant/accused herein and that they had transferred the money to her. Thereafter, present FIR dated 14.09.2022 was registered on the complaint of the complainant. The learned Trial Court had dismissed regular bail applications of co-accused persons vide order dated 25.08.2023.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:53:14
3. Learned counsel for applicant states that allegations levelled against the applicant by the complainant have no connection with her but they have been levelled only against other accused persons. It is stated that applicant has never interacted with the complainant and that she has joined the investigation. It is also stated that the only averment made against her is that she had received a sum of Rs. 1,00,000/- from co-accused Ashreen Verma and that she is willing to pay back the amount she had received, to the rightful person. It is also stated that custodial interrogation of the applicant is not required. It is further stated that no incriminating articles have been recovered from the possession of applicant/accused and that she does not have any criminal antecedents. Therefore, anticipatory bail be granted.
4. Learned APP for the State, on the other hand, vehemently opposes the application and states that she is the mastermind of the offence in the present case. It is stated that complainant herein has been cheated of more than Rs. 24.5 Lakhs on assurance of issuing Canadian visa. It is stated that applicant in collusion with one Sonia had arranged a biometric machine along with a fake VFS official allegedly from Canadian Embassy and had obtained biometric details of complainant and his family. It is also stated that applicant had issued fake visas to another family and had induced them to pay a hefty amount of money in a separate case FIR bearing No. 749/2022 under similar circumstances. It is further stated that in order to recover fake visas, biometric machine and to unearth the conspiracy, custodial interrogation of applicant/accused is essential. Therefore, anticipatory bail be rejected.
5. I have heard arguments addressed on behalf of learned counsel for petitioner and learned counsel for respondent and have perused material on This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:53:14 record.
6. The allegations against the applicant are that she, in collusion with other accused persons had cheated complainant and his family members of more than Rs. 24.5 Lakhs on the assurance of issuing Canadian visas and passports and had also obtained their biometric details. The accused persons had demanded a sum of Rs. 12.5 Lakhs for issuing Canadian visa and had induced complainant to pay Rs. 2 Lakhs in advance, Rs. 5 Lakhs for visa of complainant and additional Rs.5 Lakhs for visa of his wife and children. On 19.01.2022, the accused persons had obtained biometric details of complainant and his family and an alleged VFS officer from Canadian Embassy had accompanied them and they had asked another sum of Rs. 5 Lakhs from complainant. On 21.05.2022, complainant had handed over a sum of Rs. 4 Lakhs to accused persons and had deposited a sum of Rs. 96,000/- in bank account of co-accused, Ashreen Verma. As per disclosure statements of other accused persons, present applicant/accused had provided fake visas and had obtained biometric details of the complainant and that co- accused had transferred Rs. 15 Lakhs in the bank account of present applicant/accused. During the course of investigation, Canadian visa issued to the complainant was found to be forged.
7. This Court notes that as per prosecution, the bank statements of applicant prima facie reflect that transfer of money from bank account of co- accused Ashneer to the bank account of applicant/accused establish the role of present applicant/accused as someone who had provided fake visas and had obtained biometric details of complainant and of his family members in collusion with a VFH officer allegedly from Canadian Embassy. Further, learned APP has drawn the attention of this Court towards a separate FIR This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:53:14 bearing no. 749/2022 registered under Sections 420/468/471/120B of IPC, against present applicant/accused on the similar allegations of issuance of fake visas and passports and of allegedly cheating the complainant therein, of certain sum of money.
8. The investigation in this case is at initial stage wherein the custodial interrogation of applicant/accused is required to recover fake visas, passports of victims, biometric machines and ascertain the modus operandi to steal biometric details and the amount received for issuing fake visas and passports. Thus, at this stage, this Court is of the opinion that no ground for anticipatory bail is made out.
9. Accordingly, the present bail application stands dismissed.
10. It is, however, clarified that nothing expressed hereinabove shall tantamount to an expression on merits of the case.
11. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J SEPTEMBER 5, 2023/kd Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:53:14