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High Court of Punjab and Haryana · body

2023 DAILYLAW 4198 (PNJ)

ASHUTOSH KAUSHAL v. STATE OF PUNJAB

CRM-M/14518/2026 · 2026-04-21

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-14518 IN THE HIGH COURT OF PUNJAB & HARYANA 220 ASHUTOSH KAUSHAL STATE OF PUNJAB CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Harsh Manocha, Mr. N.S. Sodhi, for the petitioner. Ms. Amrit Kaur Mahir, AAG, Punjab Mr. Akhilesh Vyas, for the complainant. ***** RUPINDERJIT CHAHAL, J. (ORAL) 1. 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 Sections 318, 61 BNS at Police Station Cit 2. On the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.0003 dated 05.01.2026 318, 61 BNS at Police Station City Moga, District Moga. petitioner has been falsely implicated in the present case as there 14518-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: ASHUTOSH KAUSHAL Versus PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Harsh Manocha, Advocate for Mr. N.S. Sodhi, Advocate for the petitioner. Ms. Amrit Kaur Mahir, AAG, Punjab Mr. Akhilesh Vyas, 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 FIR No.0003 dated 05.01.2026 registered under Sections 318, 61 BNS at Police Station City Moga, District Moga On 06.04.2026, the 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.0003 dated 05.01.2026 318, 61 BNS at Police Station City Moga, District Moga. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case as there IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-14518-2026 Date of decision: 21.04.2026 ….Petitioner ....Respondent HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL for Ms. Amrit Kaur Mahir, AAG, Punjab. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.0003 dated 05.01.2026 registered under y Moga, 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.0003 dated 05.01.2026 registered under Sections 318, 61 BNS at Police Station City Moga, District Moga. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case as there ….Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.0003 dated 05.01.2026 registered under Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner registered under Sections Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case as there GURPREET 2026.04.22 13:51 I attest to the accuracy and authenticity of this document. CRM-M-14518 are no specific allegations against the petitioner. H the petitioner has not committed any fraud as the petitioner is not connected to the business of travel agency. He argues that the petitioner has been roped in the present case as he is son of the co submits that neither the petitioner has assured the complainant for sending abroad nor has he received any amount in his bank account. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation a when called upon to do so by the investigating agency. status report, which is taken on record and he relying upon the same has vehemently opposed the petition for bail and submits that the offen 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 petitioners shall also abide by the conditions as envisaged under Section 4 3. Learned counsel for the petitioner submits that in compliance of the order dated investigation. 4. Learned counsel for the State, on instructions Singh, has submitted that the petitioner ha longer required for further investigation. 14518-2026 2 are no specific allegations against the petitioner. H the petitioner has not committed any fraud as the petitioner is not connected to the business of travel agency. He argues that the petitioner has been roped in the present case as he is son of the co-accused namely Balwinder Kumar Shar submits that neither the petitioner has assured the complainant for sending abroad nor has he received any amount in his bank account. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation a when called upon to do so by the investigating agency. On the other hand, learned State counsel has filed the status report, which is taken on record and he relying upon the same has vehemently opposed the petition for bail and submits that the offence committed by the petitioner is serious in nature. Adjourned to 21.04.2026. 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 he 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 petitioners shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” Learned counsel for the petitioner submits that in compliance of the order dated 06.04.2026 passed by this Court, the petitioner ha investigation. Learned counsel for the State, on instructions has submitted that the petitioner has joined the investigation and longer required for further investigation. are no specific allegations against the petitioner. He argues that the petitioner has not committed any fraud as the petitioner is not connected to the business of travel agency. He argues that the petitioner has been roped in the present case as he is son-in-law accused namely Balwinder Kumar Sharma. He further submits that neither the petitioner has assured the complainant for sending abroad nor has he received any amount in his bank account. 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 has filed the status report, which is taken on record and he relying upon the same has vehemently opposed the petition for bail and submits ce committed by the petitioner is serious in nature. 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 he 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 petitioners shall also abide by the conditions as envisaged under Section Learned counsel for the petitioner submits that in compliance of passed by this Court, the petitioner has joined the Learned counsel for the State, on instructions of ASI Satnam joined the investigation and is no e argues that the petitioner has not committed any fraud as the petitioner is not connected to the business of travel agency. He argues that the law ma. He further submits that neither the petitioner has assured the complainant for sending abroad nor has he received any amount in his bank account. Learned counsel has further submitted that the s and On the other hand, learned State counsel has filed the status report, which is taken on record and he relying upon the same has vehemently opposed the petition for bail and submits 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 he 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 petitioners shall also abide by the conditions as envisaged under Section Learned counsel for the petitioner submits that in compliance of joined the of ASI Satnam no GURPREET 2026.04.22 13:51 I attest to the accuracy and authenticity of this document. CRM-M-14518 5. Learned counsel appearing for the complainant submits that the offence committed by petitioner is serious in grant of bail to the petitioner 6. In view of the statement made by learned State counsel, the interim order dated petitioner shall continue to join investigation, as a Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS 21.04.2026 Gurpreet 14518-2026 3 Learned counsel appearing for the complainant submits that the offence committed by petitioner is serious in grant of bail to the petitioner. In view of the statement made by learned State counsel, the interim order dated 06.04.2026 passed by this Court, is made absolute. The petitioner shall continue to join investigation, as a 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 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 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 under (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No Learned counsel appearing for the complainant submits that the nature and hence, opposes the In view of the statement made by learned State counsel, the passed by this Court, is made absolute. The nd when called by the Investigating Officer and shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) GURPREET 2026.04.22 13:51 I attest to the accuracy and authenticity of this document.