Himachal Pradesh High Court
Anupam Thakur vs State Of Himachal Pradesh on 26 May, 2020
Author: Chander Bhusan Barowalia
Bench: Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MPs(M) No. 613 & 623 of 2020 Decided on: 26th May, 2020 .
1. Cr.MP(M) No. 613 of 2020:
Anupam Thakur ....Petitioner
Versus
State of Himachal Pradesh ...Respondent
2. Cr.MP(M) No. 623 of 2020:
Munish Goel ....Petitioner
Versus
State of Himachal Pradesh ...Respondent
Coram
The Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge.
Whether approved for reporting?1 Yes.
For the petitioner: Mr. Satyen Vaidya, Sr. Advocate (in Cr.MP(M) No. 613 of 2020) and Mr. Sudhir Thakur, Sr. Advocate (in Cr.MP(M) No. 623 of 2020).
For the respondent/State: Mr. S.C. Sharma and Mr. P.K. Bhatti, Additional Advocates General, with Mr. Kamal Kishore, Deputy Advocate General.
___________________________________________________________________________ Chander Bhusan Barowalia, Judge. (oral).
The petitions are taken up through video conference.
2. The present bail applications have been maintained by the petitioners under Section 439 of the Code of Criminal Procedure seeking their release in case FIR No. 22 of 2020, dated 03.03.2020, under Sections 420, 467, 468, 471 and 120B IPC, registered in Police Station Dharampur, District Solan, H.P. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.
::: Downloaded on - 26/05/2020 20:23:11 :::HCHP 23. As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. The petitioners are neither in a position to tamper with the prosecution evidence .
nor in a position to flee from justice. No fruitful purpose will be served by keeping them behind the bars for an unlimited period, so they be released on bail.
4. Police report stands filed. As per the prosecution story, on 03.03.2020 one Ms. Mamta (complainant) made a written complaint to the police wherein she alleged that after marriage she started living at Charkhi Dadri. The complainant further alleged that she saw advertisement of Manav Bharti University on television and as she intended to do post graduation, she made a telephonic call on one of the telephone numbers depicted in the advertisement. On being contacted, the complainant was asked to come to Study Centre, Karnal, Haryana, for admission in M.A. Psychology. The complainant alongwith her friend Shri Atul, who also intended to do LL.B. from Manav Bharti University, went to Study Centre at Karnal and met one Raj Kumar Rana, who told them that he is owner of Manav Bharti University. Said Raj Kumar Rana further told them that as the building at Solan is under construction, so the complainant can appear in examinations at Karnal. The complainant, after completing all the formalities, took admission in M.A. Psychology and deposited Rs. 50,000/-
(rupees fifty thousand). The complainant, after more than two years ::: Downloaded on - 26/05/2020 20:23:11 :::HCHP 3 completed the degree. On 25.04.2012 the complainant made a telephonic call in the University for verification of her University Certificate and she was asked to deposit Rs. 250/-, which she sent through demand draft. Her .
certificate was attested by the University. On 31.01.2013 she appeared in an interview in HPSC (Haryana Government) for the post of Assistant Employment Officer and she was selected. As per the complainant, her University Certificate was found genuine after verifications. The complainant further alleged that as she lost her certificate, so she lodged a Daily Diary Report on 07.05.2016 and applied for duplicate certificate. She was given duplicate certificate/degree, after she completed all the formalities. As per the complainant, she was cheated by the University and she sought impartial inquiry of all the degrees issued by the University.
Upon the complaint, so made by the complainant, police procured all the relevant records from the complainant. Statement of the witnesses and that of the complainant were recorded under Section 161 Cr.P.C. Different police teams were constituted and the offices of the University were raided.
During the raids, computer hard disks, laptops, seals, documents etc. were taken into possession. Total 305 Detail Marks Card (DMC) were recovered and some of them were signed. During the course of investigation it was unearthed that Raj Kumar Rana used to run the University and he used to award fake degrees to people. Police also recovered unchecked answer sheets whereon marks were awarded. As the whole working of the ::: Downloaded on - 26/05/2020 20:23:11 :::HCHP 4 University was suspicious, so a case was registered under apt Sections of IPC. On 08.03.2020, Munish Goel (one of the petitioners herein), who remained as Assistant Professor Computer Science in the University was .
extensively interrogated by the police. Munish Goel divulged that the complainant remained student of M.A. Psychology during the years 2009- 2010. He further divulged that only in the year 2019 a letter from Director District Employment Office, Panchkula, Haryana, was received for verification of the degree of the complainant. He disclosed that in the year 2016 no duplicate degree was issued to the complainant. On 11.03.2020 petitioner Munish Goel was arrested and during interrogation he divulged that in the year 2010 he joined the University and gradually came to know that the students admitted in the University did not come to attend the classes. As per petitioner Munish Goel, Raj Kumar Rana, used to run an institution with the name and style Para Medical Council of India at Karnal, Haryana and in 2009 he closed the said institution. In 2013 some of the staff of Para Medical Council of India came to Manav Bharti University, Solan and they were made to sit in a room wherein entry was strictly prohibited. As per Munish Goel, in the said room fake degrees were used to be prepared.
5. On 13.03.2020 petitioner Anupam Thakur was arrested and during the course of interrogation she divulged that she is acquainted with Raj Kumar Rana since the year 1996 and she used to work in Madhav ::: Downloaded on - 26/05/2020 20:23:11 :::HCHP 5 University, Mount Abu, Rajasthan, which was owned by Raj Kumar Rana.
She came to Manav Bharti University, Solan, on being asked by Raj Kumar Rana and started working as Registrar. Police found the involvement of .
petitioner Anupam Thakur in awarding the fake degrees and collecting money from the students.
6. As per the police, the investigation reveals that Manav Bharti University was involved in awarding fake degrees to the students for money.
One of the accused Pramod Kumar was arrested by the police on 10.03.2020. Investigation further reveals that on 28.02.2020, on being told by Raj Kumar Rana, both the petitioners got transported the records of Manav Bharti University, Solan to Rajasthan. As per the police, some of the records have been recovered by the police and some remains to be recovered. Due to the prevailing pandemic of Coronavirus the investigation is sluggish. The main kingpin Raj Kumar Rana has absconded and efforts are being made to nab him. Report of forensic analysis is yet to be received.
Lastly, it is prayed that the bail applications of the petitioners be dismissed, as the petitioners were actively involved in the commission of the crime. In case the petitioners are enlarged on bail, at this stage, they may tamper with the prosecution evidence and may also flee from justice, so the bail application of the petitioner be dismissed.
::: Downloaded on - 26/05/2020 20:23:11 :::HCHP 67. I have heard the learned Senior Counsel for the petitioners, learned Additional Advocate General for the State and gone through the records, including the police report, carefully.
.
8. The learned Senior Counsel for the petitioner has argued that the petitioners have been falsely implicated in the present case. They have further argued that the petitioners are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. It has been argued that the main kingpin, Raj Kumar Rana, has absconded and the petitioners merely used to work in the University. Nothing is to be recovered from the petitioners and the petitioners are ready to abide by the terms and conditions of bail, in case granted. No fruitful purpose will be served by keeping the petitioners behind the bars for an unlimited period, especially when nothing is to be recovered from them and also in the wake of the fact that they are ready and willing to join and co-operate in the investigation. It has been further argued that the all the allegations, as emanate from the records, are against Raj Kumar Rana, and petitioners have nothing to do with the same, so the petitions may be allowed and the petitioners may be enlarged on bail. Conversely, the learned Additional Advocate General has argued that the petitioners were found to be accomplices in a grievous crime and the investigation reveals that they have active role in the commission of the crime. He has further argued that in case, at this stage, the petitioners are enlarged on bail, they may tamper ::: Downloaded on - 26/05/2020 20:23:11 :::HCHP 7 with the prosecution evidence and may also flee from justice, so it is prayed that the bail applications of the petitioners may be dismissed.
9. In rebuttal the learned Senior Counsel for the petitioners have .
argued that the petitioners cannot be kept behind the bars for an unlimited period, especially when nothing is to be recovered from them and in the wake of the facts that they were merely working in the University and they cannot be kept behind the bars for an unlimited period, so the petitions be allowed and the petitioners be enlarged on bail.
10. At this stage, considering the manner in which offence is alleged to have committed by the petitioners, the role of the petitioners in the alleged offence, the fact that the petitioners cannot be kept behind the bars for an unlimited period, they are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, also considering the fact that investigation is sluggish due to pandemic Coronavirus, so the petitioners cannot be kept behind the bars till the investigation is complete, the custody of the petitioners is not at all required by the police and in case the petitioners are required to be interrogated or associated in the investigation, they are ready and willing to abide by the terms and conditions of bail, in case granted, so this Court finds that the present is a fit case where the judicial discretion to admit the petitioners on bail is required to be exercised in their favour. Accordingly, the petitions are allowed and it is ordered that the petitioners, who have been arrested by ::: Downloaded on - 26/05/2020 20:23:11 :::HCHP 8 the police in case FIR No. 22 of 2020, dated 03.03.2020, under Sections 420, 467, 468, 471 and 120B IPC, registered in Police Station Dharampur, District Solan, H.P., shall be released on bail forthwith in this case, subject .
to their furnishing personal bond in the sum of `50,000/- (rupees fifty thousand) each with one surety each in the like amount to the satisfaction of the learned Trial Court. The bail is granted subject to the following conditions:
(i) That the petitioners will appear before the learned Trial Court/Police/authorities as and when required.
(ii) That the petitioners will not leave India without prior permission of the Court.
(iii) That the petitioners will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Investigating Officer or Court.
(iv) That the petitioners will not personally or through their agents/representatives visit Manav Bharti University, Solan, or any other office or institution run/managed/controlled by Raj Kumar Rana or any of his family members.
11. In view of the above, the petitions are disposed of.
Copy dasti.
(Chander Bhusan Barowalia)
26th May, 2020 Judge
(virender)
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