Punjab-Haryana High Court
Makkhan Singh vs State Of Haryana on 27 August, 2024
Author: Manjari Nehru Kaul
Bench: Manjari Nehru Kaul
Neutral Citation No:=2024:PHHC:109716
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
102 CRM-M-41429-2024
Date of decision: 27.08.2024
MAKKHAN SINGH
....Petitioner
V/s
STATE OF HARYANA
....Respondent
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present: Ms. Alisha Soni, Advocate, for the petitioner.
*****
MANJARI NEHRU KAUL,
KAUL J. (ORAL)
1. The petitioner is seeking the concession of anticipatory bail under Section 482 482 of the BNSS of Act, 2023 in case FIR No.190 dated 30.06.2024 under Sections 384, 506, 34 of IPC, 1860, registered at Police Station Sector 31, Faridabad District Faridabad.
2. While drawing the attention of this Court to the allegations levelled in the FIR in question which has been annexed as Annexure P P-1, it has been argued by the learned counsel that totally false and bald allegations have been levelled against the petitioner, who happens to be the husband of co-accused co accused Anita Kaur, who allegedly was running an extortion racket as a result of which lacs of money was deposited in her account. Learned counsel submits that in fact the petitioner and his wife i.e. Anita Kaur-co-accused accused have ha strained relations and are living separately, and hence there could have been no occasion for the petitioner to be a part of the extortion racket allegedly being run by his estranged spouse. It has also 1 of 4 ::: Downloaded on - 29-08-2024 02:58:20 ::: Neutral Citation No:=2024:PHHC:109716 CRM-M-41429 41429-2024 -2- been submitted that no money, money even as per the complainant complainant, was ever deposited in the account of the petitioner which further lends credence to his innocence.
3. Notice of motion.
4. On the asking of the Court, Ms. T Trishanjali Sharma, DAG, Haryana accepts notice.
notice
5. Learned State counsel has vehemently opposed the prayer and submissions made by the counsel opposite and, on instructions, has submitted that a perusal of the FIR reveals that not only has the petitioner been specifically named in the FIR but it has been specifically stated that he was an active participant in the extortion ra racket. Learned State counsel, on further instructions, has disputed the submissions made by the counsel opposite that there were no bank transactions in the name of the petitioner. She has submitted that the contention of the learned counsel for the petitioner that the relations between the petitioner and co co-accused Anita Kaur were strained and they were residing separately stands falsified from the fact that after lacs of money was deposited in the bank account of co co-
accused Anita Kaur by the complainant, she had then transferred the said amount in the account of none other than the petitioner.
6. I have heard learned counsel for the parties and perused the relevant material placed on record.
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7. Prima facie, it appears the petitioner petitioner, along with his wife, is operating an extortion racket and engaging in honey-trapping of innocent persons. The allegations levelled in the FIR stands reproduced hereinunder:--
"To, Sir, Managing Officer Police Station Sector Sector-31, Faridabad.
Subject: Complaint letter regarding taking action against Anita Kaur (9910141434) and her husband Makhan Singh (9811980061) and auto driver Afzal Khan (7065752378) for extortion money after putting pressure upon him and implicate him in connivance withh other persons in false cases and extorting money by putting pressure in other false cases. Sir, it is requested that I am Pravendra Kumar Chauhan, son of Shri Gajendra Singh Chauhan, resident of house number 652, Sector Amar Nagar, Faridabad. I am marrie married. I have two children. I do laptop repair work in Nehru Place, Delhi. On 77-7-2022, at around 8PM, while returning home after finishing my work from my shop at Nehru Place, as soon as I reached in front of Nehru Place Terminal, a lady from there asked me ffor a lift to Faridabad. I gave her a lift. During the conversation she told me her name was Anita Kaur resident of Ismailpur Faridabad. Anita asked for my mobile number. And he started meeting me by talking to me on the phone and increasing my communicatio communication. And gradually, on some pretext or the other, she started asking for money from me. On his request, I made PAYTM on his number from time to time. After that Anita started demanding money from me continuously. When I refused to give her more money, Anita Kaur told me that if you did not give me money, I would file a false rape case against you. Anita Kaur had earlier filed false rape and molestation cases against many people with the intention of extorting money. With the intention of extorting money, Anit Anita Kaur has filed cases and applications for rape and molestation against me and other people in different police stations. Anita Kaur extorted lakhs of rupees from me by putting pressure on me to implicate me in a false rape case and threatening to kill me me.
3 of 4 ::: Downloaded on - 29-08-2024 02:58:20 ::: Neutral Citation No:=2024:PHHC:109716 CRM-M-41429 41429-2024 -4- Along with Anita, her husband Makhan and auto driver Afzal Khan and other people also have a full hand in this. Whatever amount I had given when pressured by Anita Kaur, I had transferred it to Anita Kaur's number through PAYTM and UPI NO-9910141434.
9910141434. And Anita Kaur had also come with the auto driver and collected cash from me. The above mentioned persons have caused great harm to me and my family mentally and financially. Therefore, Anita and her husband Mak Makhan Singh, auto driver Afzal Khan and other persons have colluded and extorted lakhs of rupees from me by pressurizing me in a false case."
8. In the facts and circumstances and especially, in view of the allegations levelled in the FIR, FIR which stands rep reproduced hereinabove, no ground is made out to extend the extraordinary concession of bail to the petitioner.
9. Accordingly, the instant petition is dismissed. However, it is made clear that anything observed hereinabove shall not be construed to be an expression xpression of opinion on the merits of the case.
((MANJARI NEHRU KAUL) JUDGE August 27,, 2024 poonam Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 4 of 4 ::: Downloaded on - 29-08-2024 02:58:20 :::