IN THE 113 Sahil Kumar State of Haryana CORAM : HON'BLE Present :- Mr. Ms. None ***** VINOD S. BHARDWAJ The Bharatiya Nagarik petitioner in case Sections 120-B, Section 24 of the District Panchkula 2. The one Shyam Lal District Panchkula. “…..I, resident a poor Gurdial One Bunga Nowadays them and proper THE HIGH COURT OF PUNJAB AT CHANDIGARH CRM-M-70376 Date of decision: VERSUS Haryana and another HON'BLE MR. JUSTICE VINOD . M.K. Panchal, Advocate for the Ms. Chhavi Sharma, Astt. AG, Haryana None for the complainant. ***** BHARDWAJ, J. (Oral) The instant petition has been filed Nagarik Suraksha Sanhita, 2023 for case bearing FIR No.308 dated B, 344, 370, 406, 420 of the Indian the Emigration Act, 1983 at Police Panchkula. The FIR in the present case has been son of late Ramsharan resident Panchkula. The same reads as under: “…..I, Shyam Lal son of late Shri Ramsharan, resident of village Bunga tehsil and district poor family. I have 2 sons and a daughter. Gurdial Singh resident of Toda district One day Kuldeep and Gurdial Singh Bunga and told me that they would send Nowadays Kuldeep works in sending them that I did not want to send my child and his father Shri Gurdial said that proper way and after their repeated PUNJAB & HARYANA CHANDIGARH 70376-2025(O&M) decision: 08.04.2026 ...Petitioner ...Respondents VINOD S. BHARDWAJ the petitioner. Haryana. filed under Section 483 of the grant of regular bail to the 22.07.2025 registered under Indian Penal Code, 1860 and Police Station Chandimandir, registered on the statement of of village Bunga, Tehsil and Ramsharan, am a permanent district Panchkula. I belong to daughter. Kuldeep son of Shri district Panchkula is my relative. Singh came to my house in village send my elder son to America. sending children abroad but I told child in a wrong way. Kuldeep that they would send him in a repeated insistence, I said yes. After SUMIT SINGH GUSAIN 2026.04.09 09:37 I attest to the accuracy and integrity of this document 2 113 CRM-M-70376-2025(O&M) that when I talked to them about the money, they both said that it would cost 48 lakhs. I told them that I would talk to one of my relatives and family members and let them know. They said okay, tell us soon. After that I talked to my relatives and family members and told them the whole story and I said if you people help me with some money then I would send Mandeep. After that relatives and family members said they would help as much as they could, to ensure the safe passage of boy to America. I told them that Kuldeep is our relative and would not do anything wrong to us. After that, I started collecting money from relatives and family members. I called Kuldeep and his father Gurdial to my house and gave them 45 lakh rupees. He said he would pay the remaining 3 lakh rupees after some time. I said okay, I will pay him. I gave him the money in front of two people, whose names are Jaspal, son of Shri Pyara Ram, resident of Bunga, and Ashok Kumar, son of Shri Jagdish, resident of Bunga. However, after a long time, whenever we talked to him about our son's whereabouts, Kuldeep, the agent, would tell us he was on his way and would arrive shortly. We asked him to let us talk to my son, but he would postpone it by saying he was about to arrive and then do it. Then one day, Kuldeep and his father came to my house again and started demanding more money. I said, "I have paid you all the money you asked for, I have nothing left now, that too I have borrowed some money." I have nothing now. When I asked him how much more money I would have to pay, he said I would have to pay 15 lakhs. After that he started telling me that if I did not give him the money, he would kill the boy. I and my family got scared and I sold my house and my wife's gold items and gave him 15 lakh rupees, but even after that, till date there is no trace of my son. My son's name is Mandeep Singh, who is 25 years old. Therefore, I humbly request you that neither do I have a house, I have become completely homeless, nor have I found my son. I request you with folded hands that my son be brought back and strict action be taken against Kuldeep and his father. I will be thankful to you.” SUMIT SINGH GUSAIN 2026.04.09 09:37 I attest to the accuracy and integrity of this document 3 113 CRM-M-70376-2025(O&M) 3. Learned counsel appearing on behalf of the petitioner contends that the allurement for sending the son of the complainant abroad and the arrangements for the same are attributed against co-accused Kuldeep Singh and not to the petitioner herein. The only allegation against the petitioner is that he used to do the ticketing for the co-accused Kuldeep Singh and receive money for the same. He further contends that the petitioner had nowhere participated in the making any allurement to the son of the respondent No.2-complainant herein for the immigration dream. He further contends that it is debatable as to whether the offences as alleged would be attributed against the petitioner or not and as to whether the necessary ingredients under Section 120-B of IPC would be made out against the petitioner. He further contends that the petitioner is in custody since 19.09.2025 and has already undergone an actual custody of nearly 07 months in a magisterial trial. The investigation in the case is already complete and that there are 15 witnesses cited by the prosecution out of which none has been examined so far. The conclusion of trial shall thus take long. 4. Learned State Counsel does not dispute the aforesaid facts, however, she contends that the petitioner had done the ticketing without having an iota of approval for the same. The period of custody as well as the stage of trial are also not disputed. 5. I have heard learned counsel appearing on behalf of the respective parties and have gone through the documents appended along with the present petition. 6. Taking into consideration the nature of allegations levelled against the petitioner of having only procured the tickets on the asking of co-accused Kuldeep Singh, the period of custody already undergone by him i.e. nearly 07 SUMIT SINGH GUSAIN 2026.04.09 09:37 I attest to the accuracy and integrity of this document 4 113 CRM-M-70376-2025(O&M) months in a magisterial trial as well as the stage of trial, I deem it appropriate to allow the present petition. 7. The instant petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing requisite bail bond/surety bond to the satisfaction of the trial Court/Duty Magistrate, concerned. 8. It is made clear that the petitioner shall not extend any threat and shall not influence any prosecution witnesses in any manner directly or indirectly. 9. The observation made hereinabove shall not be construed as an expression on the merits of the case and the Trial Court shall decide the case on the basis of available material. 10. Pending application(s), if any, shall stand disposed of. 08.04.2026 (VINOD S. BHARDWAJ) Sumit Gusain JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUMIT SINGH GUSAIN 2026.04.09 09:37 I attest to the accuracy and integrity of this document