Punjab and Haryana High Court Grants Regular Bail to YouTube Influencer Bobby Kataria in NIA-Led Human Trafficking and Cheating Case
In a significant legal development, the Punjab and Haryana High Court has granted regular bail to YouTube influencer Bobby Kataria, who was embroiled in a high-profile human trafficking and cheating case investigated by the National Investigation Agency (NIA). This decision marks a pivotal turn in the ongoing legal proceedings against the social media personality.
Background of the Case and Initial Legal Proceedings
The case originated on May 27, 2024, when Haryana police initially booked Bobby Kataria under multiple sections of the Indian Penal Code (IPC), including Sections 323, 342, 346, 370, 420, 506, and 120-B, along with Sections 10 and 24 of the Emigration Act. Subsequently, the matter was transferred to the NIA for a comprehensive probe, highlighting the seriousness of the allegations.
According to the NIA's charges, Kataria and his alleged associates collected a substantial sum of Rs 19.67 lakh from numerous individuals under the false pretense of securing overseas employment. Victims were promised lucrative job opportunities in countries such as the United Arab Emirates (UAE) and Singapore but were instead sent to alternative destinations, including Laos. The agency emphasized the gravity of these accusations, noting that several key witnesses had yet to be examined, which complicated the investigation.
Legal Arguments and Defense Plea
During the bail hearing, Kataria's legal counsel presented a robust defense, arguing that the individuals involved had voluntarily approached him and paid for facilitation services related to overseas employment. The defense contended that these persons had indeed travelled abroad and resided there for a period before returning on their own accord due to dissatisfaction with working conditions, rather than being forcibly trafficked.
In a strategic move to bolster his case, Kataria undertook to deposit the entire alleged amount of Rs 19,67,000 through a demand draft before the trial court within two days. Additionally, his defense highlighted that he had been in custody as an undertrial for over one year and eight months and had been acquitted in all other previously registered cases against him, underscoring his clean record in other legal matters.
High Court's Observations and Bail Grant
A Division Bench comprising Justice Anupinder Singh Grewal and Justice Deepak Manchanda presided over the appeal against the July 20, 2024 order of the Special Judge (NIA), Panchkula, which had earlier denied bail. After thorough consideration, the High Court observed that while the allegations involved taking money for sending individuals abroad, the victims had indeed been sent overseas, albeit not to their preferred destinations.
The court took into account several critical factors in its decision: the prolonged custody of over 20 months, the absence of any other pending cases against Kataria, his undertaking to return the alleged amount, and the likelihood of a protracted trial. Based on these considerations, the Bench found it appropriate to grant regular bail, emphasizing the need for a balanced approach in light of the ongoing judicial process.
Conditions and Future Proceedings
The High Court directed that Bobby Kataria be released on regular bail upon furnishing the requisite bail bonds. It also mandated the deposit of the demand draft for Rs 19.67 lakh before the Special Court (NIA), Panchkula, within two days. The Special Court has been granted the liberty to disburse this amount to claimants after due verification and in accordance with the law, ensuring proper restitution for the alleged victims.
Furthermore, the Bench imposed strict conditions, prohibiting Kataria from contacting any witnesses or attempting to influence them, to safeguard the integrity of the trial. Importantly, the trial of the case is currently pending before the Special Court (NIA) in Panchkula, with only 23 out of 73 prosecution witnesses having been examined so far, indicating that the legal proceedings are still in an early stage.
This ruling underscores the complexities of high-stakes legal cases involving social media influencers and highlights the judiciary's role in balancing individual rights with the demands of justice in ongoing investigations.
