JUDGMENT : VIRENDER SINGH, J. 1. The above titled bail applications, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS’) are being disposed of by this common order, as the applicants, are apprehending their arrest, in case FIR No. 00067/2025, dated 22.7.2025, registered under Sections 420, 120B and 506 of Indian Penal Code (hereinafter referred to as ‘the IPC’), with Police Station West, Shimla, District Shimla, H.P. 2. By way of the present applications, the applicants have sought the indulgence of this Court to direct the Investigating Officer/Police, to release them on bail, in the event of their arrest, in the above-mentioned case, as, they are apprehending their arrest, in the said case. 3. According to the applicants, complainant entered into a business arrangement, under which, he was to advance loan to the applicants, and in return, the applicants were required to pay back the same, alongwith interest. In furtherance of said arrangement, complainant transferred money to the applicants, on various occasions, during the period between 2020-2023, through his bank accounts, maintained in the Panipat Urban Co-operative Bank and State Bank of India. Applicant Vikram Kumar @ Jimmy stated to have made regular repayments to the complainant, through his HDFC bank account No. 50100240621289. 4. It is the further case of the applicants that applicant Vikram Kumar @ Jimmy is owner of an OTT channel, but unfortunately, he suffered loss in the business, and despite such adverse circumstances, applicant Vikram Kumar @ Jimmy continued to make payments towards the dues of the complainant. According to applicant Vikram Kumar @ Jimmy, the last payment, amounting to Rs. 17,000/- was made in the month of January, 2025. 5. According to the applicants, despite continuous payments being made, the complainant lodged a complaint before Haryana Police on 4.1.2025, alleging therein, that applicant Vikram Kumar had cheated and induced him into parting with money on false assurances. Thereafter, Haryana Economic Offences Wing, associated both the parties with the investigation. During those proceedings, applicant Vikram Kumar @ Jimmy continued to make payments, and in fact, transferred a sum of Rs.17,000/- through three transactions, dated 17.1.2025, 19.1.2025 and 20.1.2025. Upon receipt of the said payments, complainant voluntarily withdrew his complaint, vide application dated 20.1.2025. 6. Thereafter, Haryana Economic Offences Wing, associated both the parties with the investigation. During those proceedings, applicant Vikram Kumar @ Jimmy continued to make payments, and in fact, transferred a sum of Rs.17,000/- through three transactions, dated 17.1.2025, 19.1.2025 and 20.1.2025. Upon receipt of the said payments, complainant voluntarily withdrew his complaint, vide application dated 20.1.2025. 6. It is the further case of the applicants that on 11.2.2025, the complainant made a fresh complaint, reiterating the same allegations and investigation was entrusted to Sub-Inspector Sultan Singh of the Economic Offences Wing, Ambala, who issued notice No. 420-5A dated 22.2.2025, requiring applicant Vikram Kumar to appear. The complainant was also summoned but instead of appearing, he sent a whatsapp message to the I.O., mentioning “Please cancel my complaint.” Thereafter, the complaint was formally withdrawn and consequently, report was submitted, in this regard. 7. According to the further stand of the applicants, thereafter, present FIR has been lodged by the complainant, which is stated to be the abuse of process of law. In this regard, applicants are also stated to have approached this Court, by way of Cr. MMO No. 869 of 2025, titled as Vikram Kumar @ Jimmy & others vs. State of H.P. & Ors. in which, notices were ordered to be issued, for 2.9.2025. 8. Apart from this, Mr. Vishal Singh Thakur, Advocate has given certain undertakings, on behalf of the applicants, for which, they are ready to abide by, in case, directions are issued to the Police/I.O., under Section 482 of the BNSS. 9. On the basis of above facts, applicants have sought the relief, as claimed, in the present bail applications. 10. When, put to notice, the Police has filed the status report, disclosing therein, that on 22.7.2025, complainant Vidhu Dutta made a complaint, which was received in the Police Station. The said complaint was addressed to the Superintendent of Police, disclosing therein the following facts: “Subject: Complaint against Vikram Kumar alias Jimmy, Mobile No. 7988199325; Amit Kumar, Mob No. 9896121704, 8168954587; Smt. Bhavna Sachdeva W/o Sh. The said complaint was addressed to the Superintendent of Police, disclosing therein the following facts: “Subject: Complaint against Vikram Kumar alias Jimmy, Mobile No. 7988199325; Amit Kumar, Mob No. 9896121704, 8168954587; Smt. Bhavna Sachdeva W/o Sh. Vikram Kumar alias Jimmy, Address H.N. 212, Urban Estate, Behind the Galaxy Mall, Sector 7, Ambala City, Haryana; and second address Flat No. 302, Tower 4, Ranwal Green, Mulund West, Mumbai; third address H.N. 20/1, Shushma Valensia, Zirakpur, Sas Nagar, Mohali; fourth address Kabira Acting Academy, DND Block, Chandigarh City, Center Office/93, VIP Road, Zirakpur, SAS Nagar, Mohali 140603, by committing fraud of Rs. 59,71,000/- and demanding back this money with filthy language and threatening to take the life of my sister. Sir, it is my humble request that I, Vidhu Dutta, son of Shri Gulshan Kumar, live at House No. 123/1, Ratan Niwas, Anji, Vikas Nagar, Kasumpti, District Shimla. 1. That the aforementioned Vikram Kumar alias Jimmy and his brother Amit Kumar, property dealer, and Bhavna Sachdeva, wife of Sh. Vikram Kumar alias Jimmy, have fraudulently usurped an amount of Rs. 59,71,000/- from me. I have made the transfer to account no. 50100240621289 of the above-mentioned Vikram Kumar alias Jimmy in HDFC Bank, IFSC Code HDMC0001799, Mumbai, Maharashtra, from my account no. 020001000452, The Panipat Urban Co-operative Bank, Ambala City, and account no. 40344658530, State Bank of India, Shimla. A copy of the bak details is attached with this complaint letter. 2. The details of this incident are as follows: 1. The applicant had property in Ambala. To sell it. I met many property dealers. During that time, I met a property dealer named Amit Kumar. Amit Kumar told me that my younger brother Vikram Kumar alias Jimmy and my sister-in-law Bhavna Sachdeva, who are film actors in Bombay, can help me get land in a good location at good rates in Bombay. He also helps people get work as film actors in Bombay, has his own channel, and has worked as a film actor in web series. He suggested I should meet my younger brother Vikram Kumar alias Jimmy and my sister-in-law once. 2. After this, I met Amit Kumar and the above-mentioned people in September 2020 at Sector-14, Market, Showroom, Panchkula, Haryana. Vikram Kumar alias Jimmy asked me how much money I have to invest. I said I have only 50-60 lakh rupees. He suggested I should meet my younger brother Vikram Kumar alias Jimmy and my sister-in-law once. 2. After this, I met Amit Kumar and the above-mentioned people in September 2020 at Sector-14, Market, Showroom, Panchkula, Haryana. Vikram Kumar alias Jimmy asked me how much money I have to invest. I said I have only 50-60 lakh rupees. Bhavna Sachdeva said that they do not allow investment below one crore and I should arrange at least one crore rupees. I was advised talk to Amit Kumar about this. 3. About 10 days later, I received a call from Amit Kumar, who told me he had convinced his younger brother and Bhabhi. He said I should keep quiet, and he would get the agreement done. 4. One day, Amit Kumar took me to JW Marriott Hotel, Plot No. 6, Sector 35B, Dakshin Marg, Chandigarh 160035, where Vikram Kumar alias Jimmy and Bhavna Sachdeva were already staying. Vikram Kumar alias Jimmy told me he had sold many showrooms whose value today is more than one crore rupees. He said that if I arranged at least Rs 75,00,000/-, he would get my work done. They told me to first give Rs 1,00,000/- as token money and send Rs 75,00,000/- to their account. I said I did not have money right now. Vikram Kumar alias Jimmy and Bhavna Sachdeva came in an Innova car to Sector-14, Panchkula, Haryana, and took Rs. 1,00,000/- in cash from me. I informed Amit Kumar about this, and he told me that if I sent the remaining money to their account, he would get my agreement done. 5. Vikram Kumar alias Jimmy has an account no. 50100240621289 in HDFC Bank. I transferred amounts as follows: Rs 1,00,000/- on 10-09-2020, Rs 1,00,000/- on 16-09-2020, Rs 29,80,000/- on 01-10-2020, Rs 2,00,000/- on 01-10-2020, Rs 5,00,000/- on 09-10-2020, Rs 1,00,000/- on 03-05-2021, Rs 2,00,000/- on 29-05-2021, Rs 1,00,000/- on 01-06-2021, Rs 1,41,000/-. From my SBI account, I withdrew Rs 1,50,000/- on 14-03-2022, Rs 2,00,000/- on 22-04-2022, Rs 2,00,000/- on 24-05-2022, Rs 3,00,000/- on 10-10-2022, Rs 2,00,000/- on 26-03-2023, Rs 1,00,000/- on 31-03-2023, Rs 2,00,000/- on 28-06-2023, Rs 1,00,000/- on 13-07-2023, and Rs 1,00,000/- on 16-10-2023. I gave a total of Rs 59,71,000/- plus Rs 1,00,000/- in cash to the above-mentioned persons. 6. From my SBI account, I withdrew Rs 1,50,000/- on 14-03-2022, Rs 2,00,000/- on 22-04-2022, Rs 2,00,000/- on 24-05-2022, Rs 3,00,000/- on 10-10-2022, Rs 2,00,000/- on 26-03-2023, Rs 1,00,000/- on 31-03-2023, Rs 2,00,000/- on 28-06-2023, Rs 1,00,000/- on 13-07-2023, and Rs 1,00,000/- on 16-10-2023. I gave a total of Rs 59,71,000/- plus Rs 1,00,000/- in cash to the above-mentioned persons. 6. Vikram Kumar alias Jimmy called me to JW Marriott Hotel, Chandigarh, promising to get me a role in his films and TV serials and assured me that if he could not get me property, he would get me a role in a TV serial or web series. He cheated me by showing big dreams because he neither helped me get property nor gave me any role. When I asked for my money, Vikram Kumar alias Jimmy and Bhavna Sachdeva said they would return it in small installments. Vikram Kumar assured me that no agreement had been made. In June 2021, Vikram Kumar came to my house at 123/1, Ratan Niwas, Anji, Vikas Nagar, Kasumpti, District Shimla, Himachal Pradesh-171009, and gave me cheque number 000009 of Rs 45,00,000/- dated 01-07-2022 as a trust, saying he would take it back once the agreement is signed or money returned. Before 01-07-2022, he informed me that his daughter had brain cancer and advised not to deposit the cheque. Understanding his problem, I did not deposit the cheque. I asked Amit Kumar to get the agreement done or return my money. Amit Kumar said this is their business and threatened that if I complain, they would implicate me in a crime. Till date, neither Vikram Kumar alias Jimmy nor his wife has returned my money, and they are not responding to my calls, threatening me over WhatsApp. 7. I am now facing threats to my life and property and being implicated in false cases by Vikram Kumar alias Jimmy, Amit Kumar, and Bhavna Sachdeva. Any untoward incident in future will be their responsibility. 8. I made a complaint to DSP, Sector-1, Panchkula, Haryana on 04.01.2025, but no action was taken. Mr. Rajiv Mehra and lawyer Mr. G.P. Bhanot pressured me to withdraw the complaint, promising to get my money back. Despite this, I have neither received my money nor has any action been taken. My life and property are at stake. 8. I made a complaint to DSP, Sector-1, Panchkula, Haryana on 04.01.2025, but no action was taken. Mr. Rajiv Mehra and lawyer Mr. G.P. Bhanot pressured me to withdraw the complaint, promising to get my money back. Despite this, I have neither received my money nor has any action been taken. My life and property are at stake. I have nothing left; my bank account is empty, and I have been unable to pay house rent for the last six months. Hence, I request appropriate legal action and protection. on. Your kindness will be greatly appreciated. 10.1 On the basis of above facts, the Police registered the FIR in question and criminal machinery swung into motion. 10.2 Thereafter, the investigation was entrusted to ASI Satish Kumar. During investigation, the I.O. has recorded the statement of the complainant on 8.8.2025. As per his statement, complainant after death of his parents, in the year 2019, sold his house and land for a sum of Rs. 31,00,000/-. Thereafter, the complainant met a Property Dealer, who offered him to invest the amount in property dealing, in the year 2020. Property Dealer Amit, introduced his brother to Vikram Kumar @ Jimmy and his sister-in-law Bhawana Sachdeva, who, as per him, were working as Real Estate agents in Mumbai and also were producing Web Series. He offered him to invest money in property in Mumbai and Web series. Complainant is stated to have transferred a sum of Rs.40,00,000/- in the account of applicant Vikram Kumar @ Jimmy, and he started returning a sum of Rs.30,000/- - Rs.32,000/- per month, as interest. 10.3 As per the further stand of the Police, thereafter, in the month of April, 2021, complainant shifted to Vikas Nagar, Shimla. Thereafter applicant Vikram Kumar had deposited a sum of Rs.30,000/-- Rs.32,000/- per month, in his account. Complainant has deposited a sum of Rs. 59,71,000/-, in the account of applicant Vikram Kumar @ Jimmy. 10.4 As per the status report, filed on 8.9.2025, investigation is at the initial stage, and a stand has been taken that applicant Amit Kumar, in order to allure the complainant to invest money, had hatched conspiracy with his brother Vikram Kumar and sister in law Bhawana Sachdeva. 10.5 After perusing the status report, interim protection was granted to the applicant and the matter was adjourned to 15.9.2025. 10.5 After perusing the status report, interim protection was granted to the applicant and the matter was adjourned to 15.9.2025. On 15.9.2025, the Police filed fresh status report, according to which, applicants have joined the investigation. During investigation, complainant has disclosed that with regard to the amount, which he allegedly had invested with applicant Vikram Kumar, he is not having any agreement or any document. As per the bank statement of Vikram Kumar, he owes a sum of Rs. 29,29,900/- towards the complainant. 10.6 Thereafter, the matter was adjourned for 22.9.2025. On 22.9.2025, the matter was again adjourned for 8.10.2025. 10.7 As per the status report, filed on 8.10.2025, complainant Vidhu Dutta has not joined the investigation, yet. 10.8 On the basis of allegations, as levelled in the FIR, learned Addl. A.G., appearing for the respondent-State has prayed that keeping in view the seriousness of the offences, the applicants are not entitled for the relief, as prayed for. 10.9. Moreover, according to the learned Addl. A.G., the applicants are residents of Haryana, and in case, interim order, dated 8.9.2025, is made absolute, they may not be available for trial. Hence, a prayer to dismiss the applications, has been made. 11. The role attributed to the applicants, in the crime in question, would be proved during the trial. Moreover, the bail applications cannot be rejected as a matter of punishment, as the role attributed to the applicants, would be proved during the trial. 12. Considering the peculiar facts and circumstances of the case, according to which, Police has taken the plea that the complainant has admitted that he is having no documentary evidence to demonstrate that he has invested the amount, as alleged by him, at the instance of applicant Vikram Kumar @ Jimmy, in the considered opinion of this Court, at this stage, the Police is not able to make out a case, for their custodial interrogation. 13 Despite the fact that applicants have joined the investigation, complainant has not bothered to join the investigation, and this fact is sufficient to conclude that the custodial interrogation of the applicants, at this stage, is not required by the I.O. When, the complainant has failed to join the investigation, then, the relief, for which, the applicants, are otherwise entitled for, cannot be declined to them. 14. 14. So far as the plea taken by the respondent-State that the applicants are residents of Haryana, and in case, they are ordered to be released on bail, they may not be available for trial, is concerned, reasonable conditions can be imposed upon them, in case, any direction is issued under Section 483 of the BNSS. 15. Considering all these facts, the interim order dated 8.9.2025, passed by this Court, is hereby made absolute. Therefore, it is ordered that the applicants be released on bail, in the event of their arrest, in case FIR No. 00067/2025, dated 22.7.2025, registered with Police Station, Shimla East, District Shimla, H.P., under Sections 420, 120-B and 506 of the IPC, on their furnishing personal bonds, in the sum of Rs.50,000/- each with one surety each of the like amount, to the satisfaction of the Investigating Officer. This order, however, shall be subject to the following conditions : a) That the applicants shall join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law; b) That the applicants shall not leave India, without prior permission of the Court; c) That the applicants shall not, directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case, so as to dissuade him/her from disclosing such facts to the Investigating Officer or the Court; and d) That the applicants shall regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so seek exemption from appearance by filing appropriate application. 16. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present applications. 17. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found violated by the applicants.