Balwant @ Bobby Kataria Released on Bail After Undertaking to Return Money Collected Under False Pretexts
In a significant development, the Punjab and Haryana High Court has granted bail to Balwant, also known as Bobby Kataria, who was accused of defrauding multiple individuals by promising them jobs abroad. The decision came after Balwant's appeal against the denial of bail by the Special Judge (NIA) in Panchkula. The case was presided over by a Division Bench comprising Justices Anupinder Singh Grewal and Deepak Manchanda.
The appellant, Balwant, was accused of taking money from several victims under the false pretense of providing employment opportunities abroad. Although the victims were sent overseas, they were not taken to their desired destinations. Balwant, who has been in custody as an under-trial for over a year and eight months, has agreed to deposit the entire sum of Rs. 19,67,000 allegedly taken from the victims in the form of a demand draft to the Special Court (NIA), Panchkula.
The counsel representing Balwant argued that the victims had willingly approached him and paid for his services, with some even staying abroad for a period before returning due to dissatisfaction with working conditions. Balwant has been acquitted in all other cases against him, and his counsel emphasized his readiness to return the money to the victims.
The National Investigation Agency (NIA), represented by Special Prosecutor Sukhdeep Singh Sandhu, opposed the bail, citing the seriousness of the allegations and the fact that only 23 out of 73 prosecution witnesses had been examined. The NIA highlighted cases where victims were promised jobs in specific countries like the UAE and Singapore but were sent elsewhere, including Laos.
After hearing both parties, the court decided to allow the appeal, citing the lengthy trial process and the appellant's undertaking to repay the victims. The court ordered Balwant's release on bail, contingent upon furnishing the required bail bonds and depositing the specified amount. The Special Court (NIA) in Panchkula was authorized to disburse the deposited amount to verified claimants.
The court also stipulated that Balwant must not contact or influence any witnesses. The judgment clarified that the observations made were solely for the bail determination and would not affect the trial's merits.
Bottom Line:
Bail granted in a case involving allegations of taking money on false pretext of providing jobs abroad; appellant undertakes to deposit entire amount received from victims.
Statutory provision(s): Sections 323, 342, 346, 370, 420, 506, 120B of IPC, Sections 10, 24 of Emigration Act
