CRM CRM CRM CRM----M M M M----39089 39089 39089 39089 113 113 113 113 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA Daljit Kaur State of Punjab Date of Date of Date of Date of DDDDecision: ecision: ecision: ecision: Date of Uploading: Date of Uploading: Date of Uploading: Date of Uploading: CORAM: CORAM: CORAM: CORAM: Present Present Present Present: SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) for grant of pre No.0067 dated Sections 316 and 318(4) of the BNS, 2023, at Police Station Singh Bhagwantpura, District Rupnagar 2. namely, Madhubala alleged that the complainant’ that her son, Hardeep Singh, and daughter Canada and that she could arrange the complainant 39089 39089 39089 39089----2026 2026 2026 2026 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH ATCHANDIGARH ATCHANDIGARH ATCHANDIGARH CRM CRM CRM CRM----M M M M----39089 39089 39089 39089----2026 2026 2026 2026 versus Punjab and another ecision: ecision: ecision: ecision: July 20 July 20 July 20 July 20, 202 , 202 , 202 , 2026666 Date of Uploading: Date of Uploading: Date of Uploading: Date of Uploading: July 20 July 20 July 20 July 20, 2026 , 2026 , 2026 , 2026 HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Ravi Gakhar, Advocate for Mr. Hemant Aggarwal, DAG Punjab ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (Oral) , J. (Oral) , J. (Oral) , J. (Oral) Present petition has been filed Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) for grant of pre-arrest/anticipatory bail to the petitioner dated 25.05.2026, registered for the offences punishable under 316 and 318(4) of the BNS, 2023, at Police Station Singh Bhagwantpura, District Rupnagar. The gravamen of the FIR in question is that Madhubala alleged that the petitioner ’s friend, came with her contact and , Hardeep Singh, and daughter-in Canada and that she could arrange the complainant 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH ATCHANDIGARH ATCHANDIGARH ATCHANDIGARH 2026 2026 2026 2026 ....Petitioner ....Respondents HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL the petitioner. Mr. Hemant Aggarwal, DAG Punjab. under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) arrest/anticipatory bail to the petitioner, in case bearing FIR registered for the offences punishable under 316 and 318(4) of the BNS, 2023, at Police Station Singh FIR in question is that the complainant, petitioner, who is a relative of the her contact and informed the complainant in-law, Dimpal, were residing in Canada and that she could arrange the complainant’s sponsorship to Canada 1111 ....Petitioner s under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) in case bearing FIR registered for the offences punishable under 316 and 318(4) of the BNS, 2023, at Police Station Singh the complainant, , who is a relative of the t law, Dimpal, were residing in s sponsorship to Canada MAHAVIR SINGH 2026.07.20 17:58 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----39089 39089 39089 39089----2026 2026 2026 2026 2222 for a consideration of `8,00,000/-. Believing the said representation, the complainant handed over her original passport, school certificate, Aadhaar Card, PAN Card, bank statements, and passport-size photographs to the petitioner. It is further alleged that, on different dates during the year 2025, the petitioner received a total sum of `8,00,000/- from the complainant through various transactions. However, she neither arranged for the complainant to be sent to Canada nor refunded the amount received from her. 3. Learned counsel for the petitioner has iterated that a bare perusal of the FIR itself shows that allegations leveled against the petitioner are concocted, improbable and devoid of any merit. Learned counsel has further iterated that the petitioner has been falsely implicated into the FIR in question. Learned counsel has iterated that there was no dishonest intention on the part of the petitioner since inception and, thus, ingredients of Section 318(4) of the BNS are not attracted in this case. Learned counsel has submitted that resolution dated 09.01.2026 passed by the Gram Panchayat, Village Behdali, does not contain any allegation regarding any promise of arraigning Canadian sponsorship, sending complainant abroad or any dishonest inducement. It has been asserted that it is clear from the banking transactions of the petitioner that she had received amount of Rs.2,70,000/- through banking channels and out of which, she has returned Rs.97,010/- through the same account to the complainant. It has further been argued that the departmental inquiry shows that the petitioner had handed over two signed blank cheques and one cheque for Rs.2,00,000/- to the complainant. Learned counsel has further submitted that, in fact, it is a civil/ monetary dispute between the parties, which has been given a criminal colour. The MAHAVIR SINGH 2026.07.20 17:58 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----39089 39089 39089 39089----2026 2026 2026 2026 3333 prosecution case rests on documentary evidence and the same has already been collected by the investigating agency. Learned counsel has submitted that the petitioner had participated in the inquiry and cooperated therein, thus, there is no apprehension that the petitioner would abscond or obstruct the investigation. 3.1. Learned counsel has urged that the petitioner is a lady aged 51 years having deep roots in the society and has already cooperated in the departmental inquiry. 3.1. Learned counsel asserts that the custodial interrogation should not be used as a punitive measure and is justified only when absolutely necessary for the recovery of material evidence. Learned counsel has argued that nothing is to be recovered from the petitioner. Furthermore, the petitioner is ready to join the investigation and hence no useful purpose would be served by sending her behind the bars. On the aforesaid submissions, the grant of anticipatory bail is entreated for. 4. Per contra, learned State counsel has opposed the grant of anticipatory bail to the petitioner by arguing that the offence committed by the petitioner is serious in nature. Learned State counsel has asserted that the petitioner has dishonestly cheated the complainant to the tune of Rs.8,00,000/- on the pretext of sending her abroad, but neither the complainant was sent abroad nor was her money returned by the petitioner. According to learned State counsel, the offence committed by the petitioner caused substantial financial and emotional distress to the victim. Considering the seriousness of the allegations, custodial interrogation of the petitioner maybe necessary to unearth the broader conspiracy, identify co- accused and recover the ill-gotten money. Given the severity of the offence, MAHAVIR SINGH 2026.07.20 17:58 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----39089 39089 39089 39089----2026 2026 2026 2026 4444 there exists a substantial likelihood that the petitioner may abscond or tamper with the evidence, if she is enlarged on bail. On the strength of these submissions, dismissal of the petition in hand is entreated for. 5. I have heard the learned counsel for the rival parties and have gone through the available record of the case. 6. As per the prosecution case, the allegations against the petitioner are serious in nature. From the perusal of the prosecution case, it is borne out that the petitioner, taking advantage of her acquaintance with the complainant through a common friend, induced the complainant to believe that she could arrange her sponsorship to Canada through her son and daughter-in-law, who were residing there, in lieu of a consideration of `8,00,000/-. Acting upon such representation, the complainant not only paid the said amount to the petitioner through various transactions but also entrusted her original passport, educational certificates, Aadhaar Card, PAN Card, bank statements, and passport-size photographs to her. It is alleged that, despite receiving the entire amount and the requisite documents, the petitioner neither arranged the complainant’s sponsorship to Canada nor refunded the amount received from her. The allegations, prima facie, disclose a deliberate act of cheating and dishonest inducement involving a substantial amount of money. 6.1. Such offences strike at the core of public trust and reflect a disturbing trend prevalent in this region, where unscrupulous individuals posing as travel facilitators exploit the aspirations of innocent citizens seeking opportunities abroad. These fraudulent activities not only cause severe financial and emotional distress but also undermine the integrity of lawful immigration systems. Therefore, individuals involved in such MAHAVIR SINGH 2026.07.20 17:58 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----39089 39089 39089 39089----2026 2026 2026 2026 5555 organized deceit must be dealt with firmly and in accordance with the law, leaving no room for leniency. 6.2. Furthermore, the investigating agency has sought the custodial interrogation of the petitioner for effective recovery, verification of facts, and to establish the broader conspiracy, if any, behind the occurrence. No cause nay plausible cause has been shown, at this stage, from which it can be deciphered that the petitioner has been falsely implicated into the present FIR. It goes without saying that in the instant case, the complainant has categorically stated that the petitioner had defrauded the complainant of a substantial amount under the false pretext of facilitating her legal migration to abroad, which caused severe financial and emotional distress. 7. It is befitting to mention here that while considering a plea for grant of anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interests. The Court ought to reckon with the magnitude and nature of the offence; the role attributed to the accused; the need for fair and free investigation as also the deeper and wide impact of such alleged iniquities on the society. It is imperative that every person in the Society can expect an atmosphere free from foreboding & fear of any transgression. At this stage, there is no material on record to hold that prima facie case is not made out against the petitioner. The material which has come on record and preliminary investigation appear to establish a reasonable basis for the accusations. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it would necessarily cause impediment in effective investigation. In State State State State v. Anil Sharma, (1997) 7 SCC 187 :1997 v. Anil Sharma, (1997) 7 SCC 187 :1997 v. Anil Sharma, (1997) 7 SCC 187 :1997 v. Anil Sharma, (1997) 7 SCC 187 :1997 SCC (Cri) 1039] SCC (Cri) 1039] SCC (Cri) 1039] SCC (Cri) 1039], the Supreme Court held as under : (SCC p. 189, para 6) MAHAVIR SINGH 2026.07.20 17:58 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----39089 39089 39089 39089----2026 2026 2026 2026 6666 ““““6. We find force in the submission of CBI that custodial interrogation is qualitatively more elicitation-oriented than questioning a suspect who is well- ensconced with a favourable order under Section 438 of the Code. In a case like this, effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre-arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third- degree methods need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring offences would not conduct themselves as offenders.”””” 8. In view of the seriousness of the allegations, this Court finds no compelling ground to extend the benefit of discretionary relief to the petitioner. Moreover, custodial interrogation of the petitioner is necessary for an effective investigation, recover ill-gotten money& to unravel the truth. The petition is, thus, devoid of merits and is hereby dismissed dismissed dismissed dismissed. 9. Nothing said hereinabove shall be deemed to be an expression of opinion upon merits of the case/investigation. 10. Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) JUDGE JUDGE JUDGE JUDGE July 20 July 20 July 20 July 20, 2026 , 2026 , 2026 , 2026 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2026.07.20 17:58 I attest to the accuracy and authenticity of this order/ judgment