In a couple of applications filed before the Delhi High Court seeking anticipatory bail regarding a First Information Report (FIR) filed for offences under Sections 420/463/464/465/468 of the Indian Penal Code, 1860 (IPC), a Single Judge Bench of Justice Girish Kathpalia denied grant of anticipatory bail to the applicants and directed them to surrender before the Investigating Officer.
The applicants collected almost Rs. 12,00,000/- from individuals with an assurance that they would get them a job in the railways. The complainant was also defrauded by the applicants. Three people had agreed to pay Rs. 12,00,000/-, which was to be paid stage wise. The applicant called all of them to her office in a school and gave them forms, instructing them to practice filling the same and that original forms would be shared before the senior railway officials.
The applicant collected their Aadhar cards and asked them to reach Kolkata on 02-10-2018, where they would have to pay the money. The applicant got their original forms filled in Kolkata and collected Rs. 1,50,000/- to get them medically examined in the railway hospital. Upon returning to Delhi, the applicant informed the individuals that they would have to collect their appointment letters from Kharagpur and that they would be accompanied by applicant 2.
Instructing the individuals that they would have to go to Hoogly, West Bengal for their training after getting their joining letters, the applicants collected the remaining amounts. In January 2019, the applicants took the individuals for their training, where they were even issued identity cards. Thereafter, they returned to Delhi and in November 2019, the applicant gave the joining letter to the complainant whereby he had to join at the Old Delhi Railway Station.
Upon reporting at the railway station, the complainant was informed that the joining letter was forged. Upon confronting the applicants, they issued cheques of Rs. 10,50,000/- and Rs. 7,00,000/-, but the cheques bounced. When the complainant tried to contact them again, the applicant threatened to involve him in false rape cases. Hence, the complaint was filed.
The applications came up for first hearing on 30-08-2024 and 27-09-2024 before the predecessor bench and continued getting adjourned before different benches. Initially, the applicants were granted protection from arrest, but upon being informed that they were in jail for another case, the protection was revoked. By an order dated 15-05-2025, the protection was restored, which continued on date-to-date basis before different benches.
The interim protection granted repeatedly was subject to them joining the investigation, but the Court was informed that the applicants mentioned that they do not remember anything to every question that is asked to them.
The Court stated that this was not a simple case of fraud played on a gullible individual. It was said that a number of young aspirants were cheated, many of whose parents spent their entire life savings so that their ward gets a job with the railways.
Further, the Court noted that the victims were taken to different offices and training centres, and stated that this would not have been possible without complicity of railway officials. It was said that this vast network of fraud must be thoroughly investigated and that the requirement of the Investigating Officer for custodial interrogation of the applicants was justified.
Thus, the Court denied anticipatory bail to the applicants and dismissed the applications while directing the applicants to surrender before the IO.
Appearances:
For Petitioners – Mr. Gaurav Arora, Mr. Rana Sandeep, Mr. Vivek Pahan
For Respondents – Mr. Sanjeev Sabharwal (APP)
