AJIT JHA Vs. STATE OF H P

JUDGEMENT

(1.) The petitioner, who is an accused in FIR No.78/13, registered against him under Section 420, 511 and 120-B in Police Station, Hamirpur, has filed this application for grant of bail on the ground that the investigating agency having failed to file the Challan against him within the statutory period of 60 days prescribed under Section 167 (2) Cr.P.C., extends an indefeasible right in his favour of being released on bail, however, the application under Section 167(2) of the Code, he filed in the Court of Judicial Magistrate 1st Class, Hamirpur, has erroneously been dismissed vide order dated 14.6.2013, Annexure P-5. On merits also, it is the case of the accused petitioner that no case against him has been made out and as such his detention in judicial custody is not warranted.

(2.) The petitioner has been arrested in connection with FIR No.78/13, under Section 420, 511 and 120-B IPC by the police of Police Station, Hamirpur on 17.3.2013. He is still in custody.

(3.) The allegations against the petitioner and his coaccused namely Chandan Kumar and Abhishek Kumar Shrivastav are that they in agreement with each other to cheat the general public managed to issue two advertisements dated 5.3.2013 and 6.3.2013 in Hindi daily 'Aapka Faisla', 'Himachal Dastak' and 'Amar Ujala' and calledg upon thereby the eligible candidates to appear for walk-in-interview on 17.3.2013 at Gautam Girls College, Hamirpur against 9 posts of District Project Officer and 66 posts of Block Project Officer. The candidates were cautioned to be aware of agents, touts and job racketeers. The honorarium to be given to successful candidates was Rs. 14,500/- and Rs. 10,150/- per month, respectively. The local Police came to know through some reliable sources that the petitioner and his co-accused had adopted an unfair method of cheating the unemployed educated youth of the State by issuing advertisements and calling upon them for interview for the aforesaid posts, which are not in existence. This has led in registration of the case against the accused and also his co-accused. They all are in custody as the applications filed before learned Judicial Magistrate 1st Class and Sessions Judge, Hamirpur were dismissed.