Two infants lodged in Jail apropos fraud case, Gurugram Court to hear the bail application
A Gurugram Court will be hearing a bail matter where two infants have been lodged at the Manesar Police Station along with their mothers in a fraud case.
The matter for grant of regular bail has been listed for arguments before the Court of Ld. JMIC on 19.01.2022.
Recently, a complaint case was filed against one Parveen Yadav (Deputy Commandment of BSF on deputation with the NSG Campus at Manesar) for committing fraud.
It was alleged that he had impersonated to various Contractors and Companies that he was an IPS Officer and in charge of procurement and thereby induced them to part with a total of 130 Crores towards fictitious contracts for supply, construction etc. It was also contended that he had opened a Government bank account where his sister was the branch manager.
Subsequently, when the fraud was discovered, multiple FIRs came to be registered by the contractors and companies which led to arrest of all alleged accused by the police.
“The Gurugram Police arrested all the accused persons, including the sister and her infant who is only 28 days old. The wife of the main accused is also with 88 days old child. Both these infants have been lodged at the Manesar Police Station along with their mothers.”
The application has been moved before the jurisdictional Magistrate (JMFC) for grant of bail to the mothers of the infants on the following grounds:
1. That despite repeated requests and applications, the police has even refused to share all the FIRs in the matter which is a violation of the judgment rendered by the Supreme Court in Youth Bar Association making it mandatory for police stations to supply copies of FIR within 24 hours. In the present case, the FIR was registered on 08.01.2022 and despite 11 days, all copies of FIR were never supplied to the accused or their counsel.
2. Keeping infants in custody is against fundamental rights. The protection conferred under Part III of the Constitution extends with full force to infants.
3. When the current situation has witnessed the peak of Covid Cases, the infants and their mothers are at a severe risk of contracting covid at police station which for all purposes is a "public place".
4. The mothers are forced to feed their children in police station which is against every conceivable principle of "dignity" zealously guarded under Article 21 of the Constitution.
5. The conditions of the newly delivered infants and their mothers is against all covenants and conventions including CEDAW, 1992, ICCPR and UN Convention of rights of Prisoners.
Advocates Nipun Saxena and Ajay Yadav are appearing for the infants and their mothers accused in the case.