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2023 DAILYLAW 4182 (PNJ)

KULDEEP SINGH ALIAS KULDEEP SINGH BRAR v. STATE OF PUNJAB

CRM-M/74148/2025 · 2026-02-16

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-74148 IN THE HIGH COURT OF PUNJAB & HARYANA 239 KULDEEP SINGH ALIAS KULDEEP SINGH BRAR STATE OF CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: RUPINDERJIT CHAHAL, J. (ORAL) 1. Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks anticipatory bail in case registered under Sections 318(4), 336(2), 336(3), 340(2), 61 2023, at Police Station Nihal Singh Wala, District Moga 2. 74148-2025 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH KULDEEP SINGH ALIAS KULDEEP SINGH BRAR Versus STATE OF PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Balbir Singh Sewak, Advocate for the petitioner. Mr. Amit Shukla, DAG, Punjab. Mr. Rajesh Bhatheja, Advocate for the complainant. ***** RUPINDERJIT CHAHAL, J. (ORAL) Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks anticipatory bail in case registered under Sections 318(4), 336(2), 336(3), 340(2), 61 2023, at Police Station Nihal Singh Wala, District Moga On 29.01.2026, following order “Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.107 dated 12.06.2025 registered under Sections -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-74148-2025 Date of decision: 16.02.2026 KULDEEP SINGH ALIAS KULDEEP SINGH BRAR ….Petitioner ....Respondent HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Balbir Singh Sewak, Advocate Mr. Amit Shukla, DAG, Punjab. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks anticipatory bail in case FIR No.107 dated 12.06.2025 registered under Sections 318(4), 336(2), 336(3), 340(2), 61(2) of BNS, 2023, at Police Station Nihal Singh Wala, District Moga. , following order was passed by this Court: - Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.107 dated 12.06.2025 registered under Sections - Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the FIR No.107 dated 12.06.2025 (2) of BNS, Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.107 dated 12.06.2025 registered under Sections GURPREET 2026.02.19 17:53 I attest to the accuracy and authenticity of this document. CRM-M-74148 petitioner has been falsely implicated in the present case. He further contends that the petitioner has no concern with the present FIR only because he used to sit in his son’s office. He further contends that neither any financial transaction took place between the petitioner and the complainant, nor he ever promised to send anyone a petitioner shall also abide by the conditions as envisaged under 74148-2025 318(4), 336(2), 336(3), 340(2), 61(2) of BNS, 2023, at Police Station Nihal Singh Wala, District Moga. Status report has already been filed by the learned State counsel. Brief facts as per the case of the prosecution are that the petitioner along with co-accused duped the complainant for a sum of Rs.1.86 Crore /- on t abroad. Hence, the present FIR. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He further contends that the petitioner has no concern with the immigration business and his name has been roped in the present FIR only because he used to sit in his son’s office. He further contends that neither any financial transaction took place between the petitioner and the complainant, nor he ever promised to send anyone abroad. The petitioner has clean antecedents as he is not involved in any other case and nothing is to be recovered from him. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to investigating agency. On the other hand, learned State counsel while referring to the status report, has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are serious in natu actively involved in the fraud. List on 16.02.2026. In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” -2- 318(4), 336(2), 336(3), 340(2), 61(2) of BNS, 2023, at Police ation Nihal Singh Wala, District Moga. Status report has already been filed by the learned State counsel. Brief facts as per the case of the prosecution are that accused duped the complainant for on the pretext of sending his son abroad. Hence, the present FIR. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He further contends that the petitioner has no concern with the business and his name has been roped in the present FIR only because he used to sit in his son’s office. He further contends that neither any financial transaction took place between the petitioner and the complainant, nor he ever broad. The petitioner has clean antecedents as he is not involved in any other case and nothing is to be recovered from him. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. On the other hand, learned State counsel while referring to the status report, has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are serious in nature and he was In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate ating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under - 318(4), 336(2), 336(3), 340(2), 61(2) of BNS, 2023, at Police Status report has already been filed by the learned State counsel. Brief facts as per the case of the prosecution are that accused duped the complainant for he pretext of sending his son Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He further contends that the petitioner has no concern with the business and his name has been roped in the present FIR only because he used to sit in his son’s office. He further contends that neither any financial transaction took place between the petitioner and the complainant, nor he ever broad. The petitioner has clean antecedents as he is not involved in any other case and nothing is to be recovered from him. Learned counsel has further submitted that the petitioner is ready and willing to join the do so by the investigating agency. On the other hand, learned State counsel while referring to the status report, has opposed the prayer for grant of anticipatory bail, by submitting that the allegations re and he was In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate ating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under GURPREET 2026.02.19 17:53 I attest to the accuracy and authenticity of this document. CRM-M-74148 3. the order dated investigation. 4. Sukhwinder Singh investigation and is no longer required for further investigation. 5. offence committed by petitioner is serious in nature and hence, opposes grant of bail to the petitioner 6. interim order dated petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. 16.02.2026 Gurpreet 74148-2025 Learned counsel for the petitioner submits that in compliance of the order dated 29.01.2026 passed by this Court, the petitioner has joined the investigation. Learned counsel for the State, on instructions from Sukhwinder Singh, has submitted that the petitioner has joined the investigation and is no longer required for further investigation. Learned counsel appearing for the complainant submits that the offence committed by petitioner is serious in nature and hence, opposes grant of bail to the petitioner. In view of the statement made by learned State counsel, the interim order dated 29.01.2026 passed by this Court, petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. i) Whether speaking/reasoned? Yes/No `ii) Whether reportable? Yes/No -3- Learned counsel for the petitioner submits that in compliance of Court, the petitioner has joined the Learned counsel for the State, on instructions from ASI , has submitted that the petitioner has joined the investigation and is no longer required for further investigation. Learned counsel appearing for the complainant submits that the offence committed by petitioner is serious in nature and hence, opposes the In view of the statement made by learned State counsel, the 6 passed by this Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No - Learned counsel for the petitioner submits that in compliance of Court, the petitioner has joined the ASI , has submitted that the petitioner has joined the Learned counsel appearing for the complainant submits that the the In view of the statement made by learned State counsel, the is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided (RUPINDERJIT CHAHAL) GURPREET 2026.02.19 17:53 I attest to the accuracy and authenticity of this document.