Naresh Kumar Alias Bunty v. State of Punjab and Another

ANOOP CHITKARA, J. FIR No. Dated Police Sta1on Sec1ons 31 23.04.2024 Talwara, District Hoshiarpur 406, 420 IPC

¶1The pe!!oner apprehending arrest in the FIR cap!oned above has come up before this Court under Sec!on 482 of Bhara!ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an!cipatory bail.

¶2In paragraph 12 of the bail pe!!on, the accused declares that he has no criminal antecedents.

¶3The facts and allega!ons are being taken from status report dated 03.08.2024 filed by the State, which reads as follows: "2. That it is submi:ed that the complainant submi:ed an applicaton No.10694-PD dated 22.12.2023 to SSP, Hoshiarpur against the pettoner with the allegatons that the pettoner was studying with complainant and had fallen prey to the assurances of the pettoner of procuring Visa for South Africa for two years and for this purpose, the pettoner demanded an amount of Rs.1,80,000/-. The complainant had transferred an amount of Rs.50,000/- in the account of Neha Rani

(wife) of the pettoner and an amount of Rs.80,000/- in cash on

08.05.2023 to the pettoner at Ludhiana. Apart from it, another amount of Rs.50,000/- in different installments were transferred on mobile number of the pettoner by way of Google pay. The pettoner order/judgment. 1 obtained passport etc of complainant in the month of February, 2023 and a5er 4 months, he got procured visa of South Africa and got a tcket for Africa Ethiopian Air Lines and handed over a copy of said tcket to complainant. When, complainant went to Delhi on

03.06.2023, in order to go South Africa, the pettoner did not hand over the original air tcket and called him back to Talwara. The tcket and Visa was got verified and found to be fake. When, complainant has come to Talwara on 13.06.2023 and asked the pettoner to return his amount, who started dilly-dallying the ma:er on one pretext or the other. The pettoner neither sent the complainant abroad nor returned the amount."

¶4Counsel for the pe!!oner has referred to order dated 11.12.2024 passed by this Court in which his following statement was recorded, which reads as under: "Counsel for the pettoner submits that he had already compromised the ma:er and out of the se:led amount of Rs.1.5 Lacs, an amount of Rs.1.00 lac has already been paid and a cheque of Rs.50,000/- has been given which would be encashed in the month of January, 2025 and a petton for quashing of FIR in queston, on the basis of compromise is already pending for hearing on 15.01.2025. xxx….."

¶5The pe!!oner's counsel prays for bail by imposing any stringent condi!ons and contends that further pre-trial incarcera!on would cause an irreversible injus!ce to the pe!!oner and his family.

¶6The State's counsel opposes bail and refers to the status report.

¶7It would be appropriate to refer to the following por!ons of the status report dated 03.08.2024, which read as follows: "ROLE OF PETITIONER:

¶6That it is submi:ed that the present case was registered against the pettoner a5er an inquiry conducted by SHO, P.S. Talwara, District Hoshiarpur on the applicaton of complainant. The pettoner was school mate of the complainant and was travel agent and he won over the complainant and he assured the complainant that he will get him Visa of South Africa for work of driver in South Africa for 2 years and he will charge Rs.1,80,000/- from him. On this, the complainant transferred Rs.50,000/- in the account of Neha, wife of pettoner and the instance of the pettoner. Then the complainant gave Rs.80,000/- on 08.05.2023 in order/judgment. 2 Ludhiana and therea5er the pettoner got transferred Rs.50,000/- on different dates on Google Pay of mobile No.94631-xxxxx of pettoner. Therea5er, the pettoner got issued fake Visa and fake tcket of South Africa to the complainant and thereby commi:ed fraud of Rs.1,80,000/- with the complainant."

¶8Although the allega!ons against the pe!!oner were serious in nature but once the complainant is stated to have compromised the ma?er with the pe!!oner, which is not disputed by the State, as such, there is no reason to deny bail to the pe!!oner.

¶9Pre-trial incarcera!on should not be a replica of post-convic!on sentencing. The evidence might be prima facie sufficient to launch prosecu!on or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of an!cipatory bail. An analysis of the above does not jus!fy custodial interroga!on or pre-trial incarcera!on.

¶10Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allega!ons and the other factors peculiar to this case, there would be no jus!fiability for custodial interroga!on or the pre-trial incarcera!on at this stage. Without commen!ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men!oned above, the pe!!oner makes a case for bail.

¶11Given above, provided the pe!!oner is not required in any other case, the pe!!oner shall be released on an!cipatory bail in the FIR cap!oned above subject to furnishing bonds to the sa!sfac!on of the Arres!ng Officer, and if the ma?er is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep!ng the surety, the concerned Officer/Court must be sa!sfied that if the accused fails to appear, such surety can produce the accused.

¶12While furnishing a personal bond, the pe!!oner shall men!on the following personal iden!fica!on details:

¶1AADHAR number

¶2Passport number (If available) and when the a?es!ng officer/court considers it appropriate or considers the accused a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶13This order is subject to the pe!!oner's complying with the following terms.

¶14The pettoner is directed to join the investgaton within seven days of uploading order/judgment. 3 this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Investgator. The pe!!oner shall be in deemed custody for Sec!on 27 of the Indian Evidence Act, 1872/ Sec!on 23 of BSA, 2023. The pe!!oner shall join the inves!ga!on as and when called by the Inves!ga!ng Officer or any Superior Officer and shall cooperate with the inves!ga!on at all further stages as required. In the event of failure to do so, the prosecu!on will be open to seeking cancella!on of the bail. During the inves!ga!on, the pe!!oner shall not be subjected to third-degree, indecent language, inhuman treatment, etc.

¶15The pe!!oner shall abide by all statutory bond condi!ons and appear before the concerned Court(s) on all dates. The pe!!oner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court.

¶16In case the Inves!gator/Officer-In-Charge of the concerned Police Sta!on arraigns another sec!on of any penal offense in this FIR, and if the new sec!on prescribes a maximum sentence that is not greater than the sec!ons men!oned above, then this bail order shall be deemed to have also been passed for the newly added sec!on(s). However, suppose the newly inserted sec!ons prescribe a sentence exceeding the maximum sentence prescribed in the sec!ons men!oned above; then, in that case, the Inves!gator/Officer-In-Charge shall give the pe!!oner no!ce of a minimum of seven days, providing an opportunity to avail the remedies available in law.

¶17This bail is condi!onal, and the founda!onal condi!on is that if the pe!!oner indulges in any non-bailable offense, the State may file an applica!on for cancella!on of this bail before the Sessions Court, which shall be at liberty to cancel this bail.

¶18Any observa!on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶19A cer!fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe!!oner can download this order along with case status from the official web page of this Court and a?est it to be a true copy. If the a?es!ng officer wants to verify its authen!city, such an officer can also verify its authen!city and may download and use the downloaded copy for a?es!ng bonds. order/judgment. 4

¶20Pe11on allowed in terms men!oned above. All pending applica!ons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

27.01.2025 Jyot-II Whether reportable: No. order/judgment. 5

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 13.01.2025 Pronounced on: 27.01.2025 Naresh Kumar @ Bunty ...Pe!!oner Versus State of Punjab and another …Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Deepak Kumar, Advocate for the pe!!oner. Mr. Sukhdev Singh, A.A.G, Punjab. ****