'Unfortunate; Should Be Dealt With Iron Hand': Allahabad HC Concerned Over 'Mushrooming' Of Fake Job Agencies To Exploit Unemployed Youth

Describing the mushrooming of such fake agencies as "unfortunate", a bench of Justice Manju Rani Chauhan observed that the youth, without knowing the hidden agenda of such fake rackets, are falling prey to such temptations of lucrative jobs and paying huge amounts even by selling the properties held by their families or availing loans from financial institutions with a high rate of interest.

“While in some cases, the consultancies or agencies would disappear overnight with the amount collected from the victims, in some other cases, they used to issue fake appointment letters to the victims, who would know about the fraud played on them only at the time of joining the post. If ultimately, he is cheated, his entire future will be in peril and it is not easy to restore normalcy in life by overcoming the situation,” the Court added as it opined that such cases should be dealt with iron hands and severe punishment should be awarded to the culprits.

These observations were made by the Court while rejecting the bail plea filed by one Himanshu Kanaujiya booked under Sections 406, 420, 467, 468, and 471 IPC.

It was alleged that the applicant, promising to provide a job to the informant, took Rs.1,60,000/- in his account and about Rs.4,00,000/- in cash and in return, he gave a forged appointment letter to the informant.

Taking note of the content of the FIR as well as allegations against the accused, the Court observed that the applicant, on the assurance of providing a job, had cheated the informant by taking an amount from the informant and a forged appointment letter has been given to him.

Examining sections 406, 415, 417 and 420 of IPC invoked against the applicant, the Court noted that a cognizable offence is made out to proceed against the accused person.

The Court also noted that the specific allegation of the complainant was that the accused person, having received the money by making a promise that he would provide a job, later, committed a breach of trust and thereby, fraudulently and dishonestly induced him since he did not provide any job nor returned the money.

In a poignant observation, the High Court sounded the alarm on the existential threat posed by unemployment to the future prospects of the youth in our nation. The Court remarked:

“The very term 'unemployment' will sound the death knell for the future of the youth of this nation. Every individual would like to stand on his own legs to avert the reverberations of the said word "unemployment". Such untiring pursuit for employment by the youth is taken advantage of by certain sections/persons.”

Against this backdrop, taking into account the gravity of the offence, the evidence presented, the involvement of the accused, the severity of the punishment, and the arguments put forth by the counsels for both parties, the Court refused to grant bail to the accused-applicant and dismissed his plea.

Case title - Himanshu Kanaujiya vs. State of U.P. 2024 LiveLaw (AB) 211

Case citation: 2024 LiveLaw (AB) 211

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