IN THE HIGH COURT OF PUNJAB & HARYANA 235 HANS RAJ STATE OF PUNJAB CORAM: Present: MANJARI NEHRU KAUL, J. (ORAL) 1. Bharatiya Nagarik Suraksha Sanhita, 2023 petitioner in case FIR No. Penal Code, 1860 (and Sections 417, 409 of IPC added later on) Division No.1 2. who is a veterinary doctor by profession, instant FIR ( complainant of Rs. son. However, it is argued that no offence under the Corruption Act, particularly Section 13 is made out against the petitioner, as the essential ingredients of ‘misconduct’ are not satisfied. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM- Date of decision: Versus PUNJAB HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Mr. Ashu Rana, Advocate for the petitioner. Mr. Shiva Khurmi, AAG, Punjab with ASI Sunil Kumar. MANJARI NEHRU KAUL, J. (ORAL) The instant petition has been filed under Section Bharatiya Nagarik Suraksha Sanhita, 2023 petitioner in case FIR No.20 dated 26.02.2022 under Sections 420 Penal Code, 1860 and Sections 7, 13 of Prevention of Corruption Act, 1988 (and Sections 417, 409 of IPC added later on) Division No.1, District Pathankot (Annexure P Learned counsel for the petitioner who is a veterinary doctor by profession, has been falsely implicated in the instant FIR (Annexure P-1). It is alleged that the petitioner duped the complainant of Rs.1 lakh on the pretext of securing a Government job son. However, it is argued that no offence under the Corruption Act, particularly Section 13 is made out against the petitioner, as the essential ingredients of ‘misconduct’ are not satisfied. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH -M-5104-2025 Date of decision: July 09, 2025 .....Petitioner .....Respondent HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Mr. Shiva Khurmi, AAG, Punjab The instant petition has been filed under Section 483 of for grant of regular bail to the 26.02.2022 under Sections 420 of Indian Prevention of Corruption Act, 1988 (and Sections 417, 409 of IPC added later on), registered at Police Station (Annexure P-1). Learned counsel for the petitioner contends that the petitioner, has been falsely implicated in the It is alleged that the petitioner duped the 1 lakh on the pretext of securing a Government job for his son. However, it is argued that no offence under the Prevention of Corruption Act, particularly Section 13 is made out against the petitioner, as the essential ingredients of ‘misconduct’ are not satisfied. Petitioner .....Respondent 483 of for grant of regular bail to the Indian Prevention of Corruption Act, 1988 registered at Police Station , has been falsely implicated in the It is alleged that the petitioner duped the for his Prevention of Corruption Act, particularly Section 13 is made out against the petitioner, as Jaspreet Kaur 2025.07.11 14:26 I attest to the accuracy and integrity of this document Chandigarh CRM-M-5104 3. levelled in the FIR are assumed to be true, for the sake of arguments (though no admitted), petitioner. Hence, no criminal liability can arise on that account. 4. custody since 20.04.2024 and the investigation stan challan has already been presented prosecution witnesses cited pace of trial, it is likely to take considerable time therefore, been made for extending the concession of regular bail to the petitioner. 5. prayer and submission that there are serious and specific allegations against the petitioner, involving cheating and misrepresentation complainant in exchange for securing employment son-Shivam. 6. that the petitioner was earlier declared a ‘Proclaimed Person’ and was arrested only on 15.06.2024, despite the FIR being registered as far back as on 26.02.2022. indicates deliberate evasion of legal proceedings. Additionally, it is submitted that the petitioner is involved in at least three other criminal cases 5104-2025 Learned counsel further submits that even if the allegations levelled in the FIR are assumed to be true, for the sake of arguments (though o admitted), the fact remains that no property was e petitioner. Hence, no criminal liability can arise on that account. It has also been submitted that the petitioner has custody since 20.04.2024 and the investigation stan challan has already been presented before the learned trial Court. Out of 14 prosecution witnesses cited, only 6 have been examined pace of trial, it is likely to take considerable time therefore, been made for extending the concession of regular bail to the Per contra, learned State counsel has vehemently opposed prayer and submissions made by the counsel opposite. It has been submitted there are serious and specific allegations against the petitioner, involving cheating and misrepresentation complainant in exchange for securing employment Learned State counsel has further pointed out, on instructions, that the petitioner was earlier declared a ‘Proclaimed Person’ and was arrested only on 15.06.2024, despite the FIR being registered as far back as on 26.02.2022. It has been asserted that the conduct of the indicates deliberate evasion of legal proceedings. Additionally, it is that the petitioner is involved in at least three other criminal cases -2- Learned counsel further submits that even if the allegations levelled in the FIR are assumed to be true, for the sake of arguments (though the fact remains that no property was ever entrusted to the petitioner. Hence, no criminal liability can arise on that account. It has also been submitted that the petitioner has been in custody since 20.04.2024 and the investigation stands concluded as the before the learned trial Court. Out of 14 , only 6 have been examined so far, and given the pace of trial, it is likely to take considerable time to conclude. A prayer has, therefore, been made for extending the concession of regular bail to the , learned State counsel has vehemently opposed the s made by the counsel opposite. It has been submitted there are serious and specific allegations against the petitioner, involving cheating and misrepresentation to extract Rs.1 lakh from the complainant in exchange for securing employment for the complainant’s ther pointed out, on instructions, that the petitioner was earlier declared a ‘Proclaimed Person’ on 30.09.2023 and was arrested only on 15.06.2024, despite the FIR being registered as far It has been asserted that the conduct of the petitioner indicates deliberate evasion of legal proceedings. Additionally, it is that the petitioner is involved in at least three other criminal cases Learned counsel further submits that even if the allegations levelled in the FIR are assumed to be true, for the sake of arguments (though ver entrusted to the been in ds concluded as the before the learned trial Court. Out of 14 so far, and given the to conclude. A prayer has, therefore, been made for extending the concession of regular bail to the the s made by the counsel opposite. It has been submitted there are serious and specific allegations against the petitioner, to extract Rs.1 lakh from the for the complainant’s ther pointed out, on instructions, 30.09.2023 and was arrested only on 15.06.2024, despite the FIR being registered as far petitioner indicates deliberate evasion of legal proceedings. Additionally, it is that the petitioner is involved in at least three other criminal cases Jaspreet Kaur 2025.07.11 14:26 I attest to the accuracy and integrity of this document Chandigarh CRM-M-5104 of a similar nature, which clearly reflects that the petitioner is a habitual offender. 7. prosecution witnesses to be examined and releasing the petitioner on bail at this stage serious risk to the fair and expeditious conclusion of the trial, moreso when on an earlier occasion, he had absconded. 8. relevant material placed on record. 9. defrauding the complainant by dishonestly inducing him to part with Rs.1 lakh on the false assurance of procuring a Government job for his son. The petitioner, being a public servant, standards of facie breached. Person’ on 30.09.2023 and was subsequently arrested on 15.06.2024, two years after the registration of the FIR, evade the due process of law other criminal cases of a similar nature significantly undermines th false implication. 10. allegations, the 5104-2025 of a similar nature, which clearly reflects that the petitioner is a habitual Furthermore, it has been submitted that while 6 of the 14 prosecution witnesses have been examined, the remaining witnesses are yet to be examined and releasing the petitioner on bail at this stage serious risk to the fair and expeditious conclusion of the trial, moreso when on an earlier occasion, he had absconded. I have heard learned counsel for the parties and perused the relevant material placed on record. The allegations against the petitioner are grave and pertain to defrauding the complainant by dishonestly inducing him to part with Rs.1 lakh on the false assurance of procuring a Government job for his son. The petitioner, being a public servant, is expected to uphold the highest standards of integrity and accountability, which appear to have been breached. The fact that the petitioner was declared Person’ on 30.09.2023 and was subsequently arrested on 15.06.2024, two years after the registration of the FIR, evade the due process of law. Further, the involvement of the peti other criminal cases of a similar nature significantly undermines th false implication. Accordingly, in view of the serious and specific nature of the the antecedents of the petitioner -3- of a similar nature, which clearly reflects that the petitioner is a habitual Furthermore, it has been submitted that while 6 of the 14 have been examined, the remaining witnesses are yet to be examined and releasing the petitioner on bail at this stage could pose a serious risk to the fair and expeditious conclusion of the trial, moreso when I have heard learned counsel for the parties and perused the allegations against the petitioner are grave and pertain to defrauding the complainant by dishonestly inducing him to part with Rs.1 lakh on the false assurance of procuring a Government job for his son. is expected to uphold the highest which appear to have been prima he petitioner was declared a ‘Proclaimed Person’ on 30.09.2023 and was subsequently arrested on 15.06.2024, over demonstrates a clear attempt to . Further, the involvement of the petitioner in other criminal cases of a similar nature significantly undermines the plea of Accordingly, in view of the serious and specific nature of the petitioner including his conduct in of a similar nature, which clearly reflects that the petitioner is a habitual Furthermore, it has been submitted that while 6 of the 14 have been examined, the remaining witnesses are yet could pose a serious risk to the fair and expeditious conclusion of the trial, moreso when I have heard learned counsel for the parties and perused the allegations against the petitioner are grave and pertain to defrauding the complainant by dishonestly inducing him to part with Rs.1 lakh on the false assurance of procuring a Government job for his son. is expected to uphold the highest prima a ‘Proclaimed over demonstrates a clear attempt to tioner in e plea of Accordingly, in view of the serious and specific nature of the Jaspreet Kaur 2025.07.11 14:26 I attest to the accuracy and integrity of this document Chandigarh CRM-M-5104 evading arrest, and the potential risk to the fair process of trial, no ground is made out to enlarge the petitioner on bail 11. 12. shall not be construed to be an expression of op case. July 09, 2025 Jaspreet Kaur 5104-2025 evading arrest, and the potential risk to the fair process of trial, no ground is enlarge the petitioner on bail. Accordingly, the instant petition stands dismissed. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of op July 09, 2025 Whether speaking/reasoned Whether reportable -4- evading arrest, and the potential risk to the fair process of trial, no ground is Accordingly, the instant petition stands dismissed. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the (MANJARI NEHRU KAUL) JUDGE : Yes/No : Yes/No evading arrest, and the potential risk to the fair process of trial, no ground is However, it is made clear that anything observed hereinabove inion on the merits of the Jaspreet Kaur 2025.07.11 14:26 I attest to the accuracy and integrity of this document Chandigarh