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CRM-M-16361-2025 & another connected case
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261 (2 cases)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of Decision:- 15.07.2025
(1) CRM-M-16361-2025
Amrendra Kumar Jha
....Petitioner
Vs.
State of Punjab
...Respondent
(2) CRM-M-17102-2025
Sunny Kumar Jha
....Petitioner
Vs.
State of Punjab
...Respondent
CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI
Present:- Mr. Sachin Jain, Advocate
for the petitioner(s) in both cases.
Ms. Amrit Kaur Mahir, AAG, Punjab.
Mr. H.S. Chadha, Advocate
for the complainant in both cases.
****
AMARJOT BHATTI, J.(Oral)
1.
Both aforementioned petitions have arisen out of same FIR, therefore, same are taken up together for disposal. Further, documents annexed in lead case are referred for disposal of aforesaid petitions.
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2.
Petitioners Amrendra Kumar Jha and Sunny Kumar Jha have filed separate petitions under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail in case FIR No. 122 dated 09.05.2021 under Section 376(1), 420, 120-B of IPC registered at Police Station Mataur, District SAS Nagar, Mohali.
3.
Facts of the case are prosecutrix filed written complaint against Sunny Kumar Jha and his father Amrendra Kumar Jha with allegations that she was earlier married. Her husband expired in February, 2019. She was having children. She started residing on the first floor of house belonging to her in-laws. After the death of her husband, she was under sudden shock and depression. She started signing songs online on Manhat through Star Maker App and there she came in contact with Sunny Kumar Jha. They started chatting with each other and got closer. He showed his sympathy towards her and also agreed to marry her. Sunny Kumar Jha disclosed that he was working in Air Force as an Air Traffic Controller in Kolkata. He also developed physical relations with her. They were in constant touch with each other. He also made her talk to his father Amrendra Kumar Jha and brother Saurabh Kumar Jha. She considered Sunny Kumar Jha as family. He disclosed that their house was very old and he was to build a new house before marriage. He further claimed that there was some delay in getting his GPF amount. In order to help him, she transferred Rs. 41,50,000/- through bank transaction in the account of Sunny Kumar Jha. She gave Rs. 6,99,000/- cash in his salary account. In total, she transferred Rs. 48,49,000/- in a period of LALIT SHARMA 2025.07.16 17:25 I attest to the accuracy and integrity of this document
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five months. She also transferred Rs. 1,80,000/- in the account of his father Amrendra Kumar Jha. Out of total sum of Rs. 50,29,000/-, they returned Rs. 2,37,307/-. She demanded her money back and also pressurized him to perform marriage. From January 2020, he started threatening her. She was upset with his attitude. He also threatened to commit suicide. She contacted brother of Sunny Kumar Jha namely Saurabh Kumar Jha, who took responsibility to return the money. However, aforesaid persons never returned her money. In this way, accused persons committed fraud with her and she was also physically exploited by Sunny Kumar Jha.
4.
Learned counsel representing both petitioners took the stand that all allegations levelled against petitioner Sunny Kumar Jha regarding committing rape are false. Complainant is a mature lady, having two children, whereas Sunny Kumar Jha is about 30 years of age. There is no specific date mentioned by complainant when the alleged incident took place. In-fact, it was a money transaction and false allegations are levelled in order to put pressure on the petitioners.
On the other hand, petitioner Amrendra Kumar Jha in CRM-M-16361-2025 was granted interim relief by this Court vide
order dated 25.03.2025. Petitioners are still ready to abide by the terms and conditions of bail order. It is submitted that their anticipatory bail petitions may be allowed. 5. Bail petitions are opposed by learned counsel representing State of Punjab assisted by learned counsel for LALIT SHARMA 2025.07.16 17:25 I attest to the accuracy and integrity of this document
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complainant. It is pointed out that petitioner Sunny Kumar Jha in CRM-M-17102-2025 allured complainant with his sympathetic talk and also developed physical relations with prosecutrix/complainant. He assured to perform marriage with her. He also made her talk with other family members. Sunny Kumar Jha managed to receive huge money as detailed in FIR and refused to return the same and further refused to marry prosecutrix/complainant. Till date, meager amount of Rs. 2,37,307/- has been returned. Petitioner Amrendra Kumar Jha managed to obtain interim relief by giving undertaking that he was ready to return the amount received by him, but till date no amount has been returned. Learned counsel representing State categorically stated that petitioner Amrendra Kumar Jha did not cooperate with Investigating Agency. Both petitioners are required to join investigation. 6. I have considered the arguments advanced before me and have gone through the record carefully. Prosecutrix/complainant has levelled specific allegations against Sunny Kumar Jha as well as his father Amrendra Kumar Jha. She claimed that she was physically exploited on the false promise of marriage by Sunny Kumar Jha and he also managed to procure huge amount, which later on he refused to return. Facts narrated in FIR require thorough investigation. Alongwith bail petition filed by Sunny Kumar Jha, copies of bank accounts are annexed as Annexure P-2. Even otherwise, during the course of arguments, learned counsel representing petitioners did not dispute the receipt of aforesaid amount. It is also matter of record LALIT SHARMA 2025.07.16 17:25 I attest to the accuracy and integrity of this document
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that Amrendra Kumar Jha was granted interim relief on his undertaking to join investigation, but later on he failed. 7. Considering the facts and circumstances of case, I do not find merits in anticipatory bail petition filed by petitioner Sunny Kumar Jha bearing CRM-M No. 17102 of 2025 and same is, accordingly, dismissed.
Further, interim relief granted in favour of petitioner Amrendra Kumar Jha vide order dated 25.03.2025 stands vacated and his anticipatory bail petition bearing CRM-M No. 16361 of 2025 also stands dismissed. 8. Pending miscellaneous application(s), if any, in both cases, stand disposed of accordingly as well. 9. A photocopy of this order be placed on the file of connected case mentioned above. 15.07.2025
(AMARJOT BHATTI) lalit
JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable:
Yes/No LALIT SHARMA 2025.07.16 17:25 I attest to the accuracy and integrity of this document