Bail denied to Prop of KK Motors in duping case

Excelsior Correspondent
JAMMU, Jan 15: Special Mobile Magistrate Passanger Tax Sandeep Gandotra today rejected the bail application of Kulbir Singh, Proprietor of KK Motors, who was arrested by the Crime Branch for duping the woman of Rs 23.50 lakh.
A written complaint was lodged in Crime Branch Jammu by complainant wherein it was alleged that in 2017 she approached the dealer (accused) for purchase of JCB and for that purpose applied for loan in J&K Bank, Branch Kullian, R S Pura, Jammu. The cost of the JCB was Rs 23,50,000 for which she was required to pay margin money of Rs 8,50,000 to the dealer while for the remaining Rs 15 lakh, the complainant sought loan from the bank.
The complainant was under the impression that the bank would transfer the amount in the account of the firm and the complainant would get the delivery of the JCB. But the accused refused to give the delivery of the JCB and told her that the J&K Bank has not sanctioned the loan and has not transferred any amount in the account of the firm.
The accused neither handed over the possession of JCB to the complainant nor did he return the money to her.
On this, preliminary verification was initiated by Crime Branch Jammu and the allegations against the accused were prima facie substantiated which led to registration of the instant case for in-depth investigation.
After hearing APP Riyaz Ahmed for the UT, the Special Mobile Magistrate observed, “court in such case cannot pass a blanket order of bail because the court cannot go beyond the statutory command of law, more so when the faith of general public is involved”, adding “enlargement of accused on bail at this stage would scuttle the investigation because the money has yet not been recovered and co-accused Narotam Singh is still absconding”.
“Even otherwise the grant of bail at this stage would not be in public interest, which is a paramount consideration. Keeping in view the nature of allegations, character of evidence collected by IO, stage of investigation, the fact that co-accused is absconding, the fact that money has not been recovered and involvement of public interest, this court is of the humble opinion that discretion of bail in favour of accused cannot be exercised at this stage”, the court said.