Bombay High Court denies relief to former MP Harinarayan Rajbhar for misusing government emblem

The Bombay High Court recently denied anticipatory bail to former Uttar Pradesh minister and ex-MP Harinarayan Bhagirathi Rajbhar in a fake government job scam [Harinarayan Bhagirathi Rajbhar v State of Mahrashtra]..He is accused of misusing the Government of India’s emblem on forged appointment letters and ID cards to falsely present private positions as official government postings.By way of an order passed on April 30, Justice Rajesh Patil declined to grant him relief.“Considering the allegations as made against the present applicant in the FIR and the documents produced, the court is of the view that the anticipatory bail application requires to be rejected," the single judge held.He was elected MP on BJP ticket from Ghosi constituency in the 2014 Lok Sabha polls.According to the first information report (FIR) registered at Mumbra Police Station, Rajbhar, in his capacity as working chairman of a private entity named MSME Export Promotion Council, allegedly issued fraudulent appointment letters to multiple individuals, The appointment letters made out that the victims were appointed as chairpersons of various State bodies. For the same, he allegedly used letterheads and ID cards that bore the national emblem and the words 'Government of India'. .The complainant in the case stated that he was appointed as State Chairman of MSME (Maharashtra) and was issued an ID card signed by Rajbhar. Suspicion arose when the complainant met another victim who had received a similar fake appointment, leading to the registration of the FIR.Rajbhar's counsel argued that no monetary transaction had taken place and that his client lacked the intent or capacity to commit such fraud. He pointed out that Rajbhar had only studied up to the second standard in a vernacular medium and had limited understanding of English. He stated that Rajbhar, a former Minister of State for Prison, Minor Irrigation, and Rural Development in Uttar Pradesh (1997–2002) and a former MP from Ghosi (2014–2019), had resigned from the Council once he realized his letterhead was being misused. The defense also argued that there was an unexplained delay in filing the complaint, which should weigh in the applicant’s favor..However, States's counsel produced documents showing that the appointment letters and ID cards were indeed signed by Rajbhar and featured the emblem of the Government of India. The investigation revealed at least 11 similar forged appointments issued across multiple States including Haryana, Uttar Pradesh and Tamil Nadu.The Ministry of MSME had also issued a public alert in December 2020 warning citizens about fraudulent activity linked to the MSME Export Promotion Council. Two other FIRs had been filed against Rajbhar—in Rohtak, Haryana and Pimpri-Chinchwad, Maharashtra—for similar offences. The State further submitted that Rajbhar had never filed a complaint regarding the alleged misuse of his name or letterhead, undermining his defense.The Court found that the delay in filing the FIR was reasonably explained, given Rajbhar’s political stature and alleged influence. Justice Patil noted that the complainant had continued engaging with Rajbhar in hope of resolution before realizing the extent of the fraud. The Court also took note of allegations that Rajbhar had introduced the complainant to a sitting MP and suggested gifting a Fortuner SUV to secure the appointment, adding weight to the claim of premeditated deceit.Hence, the plea for anticipatory bail was rejected..Advocate K H Giri along with advocates Dhavan K Giri, Pratik Yadav, Yashraj Vaswani, and Prachi Gupta appeared for Harinarayan Bhagirathi Rajbhar.Additional Public Prosecutor Rutuja A Ambekar appeared for the State. Advocate Prashant Pandey along with advocates Dinesh Jadhwani, Ridhima Mangaonkar, Nikhil Sonal, Pramod Sharma instructed by W3 Legal LLP represented the intervener-complainant..[Read Order]