‘Trafficking under garb of US migration’: Punjab and Haryana High Court denies bail to agent who cheated man of Rs 11 lakh

The order added that human trafficking under the garb of immigration consultancy is a growing menace that preys upon the desperation and dreams of unsuspecting citizens. Such fraudulent activities not only cause severe financial and emotional distress but also undermine the integrity of lawful immigration systems, it said.

Case of promise to send US

• The petitioner, Harish Walia, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in connection with a First Information Report (FIR) registered at Mullana Police Station in Ambala.
• The FIR includes charges under sections 420 (cheating) and 406 (criminal breach of trust) of the Indian Penal Code (IPC), with sections 467, 468, and 471 (forgery-related offences) added during the investigation.
• The complainant alleged that Walia and his co-accused induced him to pay Rs 11.25 lakh on the promise of sending him to the US.
• According to the prosecution, the complainant was never sent abroad, and only Rs 2 lakh of the total amount was ever returned.
• The state’s status report identified Walia as the “main link” in the conspiracy.
• The prosecution detailed several specific roles attributed to the petitioner, including inducement, documentation, cash payment, forgery and threats.
• The state argued that custodial interrogation was essential to unearth the broader conspiracy and recover the “ill-gotten money”.

‘Can’t overlook broader public interest’

• Cases of this nature, where vulnerable individuals are lured with false promises of lawful migration and are subsequently subjected to exploitation, fall within the ambit of organised human trafficking and merit strict judicial scrutiny and deterrence, the high court observed.
• Courts must remain vigilant and ensure that such rackets are not emboldened by leniency at the pre-trial stage.
• Fraudulent inducement for illegal migration, followed by subjecting individuals to inhumane and life-threatening conditions abroad, not only reflects criminal intent but also constitutes a serious affront to human dignity and national interest.
• The court cannot overlook the broader public interest involved in cases of immigration fraud, especially when they border on transnational human trafficking.
• Such offences necessitate a strong and principled judicial response to prevent their recurrence.
• They strike at the core of public trust and reflect a disturbing trend prevalent in this region, where unscrupulous individuals posing as travel facilitators exploit the aspirations of innocent citizens seeking opportunities abroad.
• Individuals involved in such organised deceit must be dealt with firmly and in accordance with the law, leaving no room for leniency.

Grave and specific allegation

• The allegations against the petitioner are grave and specific.
• The petitioner is specifically named in the FIR, and there are direct/specific allegations regarding defrauding the complainant to the tune of Rs 11.25 lakh on the pretext of sending the complainant to the US.
• But neither the petitioner nor his co-accused honoured their promise nor returned the money in question.
• Only Rs 2 lakh was returned to the complainant.
• The argument raised by learned counsel for the petitioner seeking bail on the ground of parity does not merit acceptance.
• The relief of anticipatory bail stands on a different footing than that of regular bail and cannot be claimed as a matter of right merely because the co-accused have been granted regular bail.
• The role attributed to the petitioner and the stage of the investigation must be considered independently.
• The investigating agency has sought the custodial interrogation of the petitioner for effective recovery, verification of facts, and to establish the broader conspiracy, if any, behind the occurrence.