CRM-M-27611-2025 1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 217 CRM-M-27611-2025 Date of decision: 17th September, 2025 Harkirat Singh @ Rana ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Nikhil Chopra, Advocate for the petitioner. (through V.C.) Ms. Himani Arora, Deputy Advocate General, Haryana. *** MANISHA BATRA, J (ORAL):- The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking grant of regular bail in case bearing FIR No. 56 dated 08.03.2025 registered under Sections 406 and 420 of IPC (Offences under Sections 467, 468 and 471 added later on) at Police Station Guhla, District Kaithal. 2. The aforementioned FIR was registered on the basis of a complaint submitted by the complainant Darshan Singh alleging that previously he had filed a complaint against Amarjeet Singh and some other persons as they had extracted a sum of Rs. 8,00,000/- and had taken his passport on the premise of issuance of a work permit for U.K. in his favour. No action was being taken by the police on the said complaint and it was Parveen Sharma 2025.09.18 16:31 I attest to the accuracy and integrity of this document CRM-M-27611-2025 2- tried to be made a case of monetary transaction. He alleged that the present petitioner was also having some dispute with the above named Amarjeet. He along with one Ajay Mehta, Advocate contacted the complainant and represented that they were having connections with higher police authorities and would get FIR registered against the above named Amarjeet. On that premise, Ajay Mehta got transferred a sum of Rs. 50,000/- in his bank account as on 15.06.2024. Some days thereafter, the petitioner allured him that he could send him abroad and could arrange a work permit for Canada for the entire family members of the complainant. By so inducing him and in the name of getting air tickets booked, work permit and visa issued and for payment of fees, the petitioner got extracted a sum of Rs. 17,70,558/- from the complainant. On 07.08.2024, he intimated the complainant that work permit had been issued in favour of his family members and himself. However, on 30.08.2024, the brother of the complainant watched a news qua commission of fraud with one Beant Singh on the pretext of issuing visa and the name of the petitioner was taken as the fraudster. On hearing so, the complainant made inquires and got to know that the air tickets and the document qua issuance of work permit for all fake and fabricated. The complainant asked the petitioner to give back his money. A cheque was given by the petitioner but the same dishonored. By alleging that the petitioner and the co-accused Ajay Mehta had cheated him and his family members, the complainant prayed for taking action in the matter. 3. After registration of FIR, investigation proceedings were initiated. The petitioner was arrested on 19.04.2025. He suffered disclosure statement admitting his involvement in the crime. Offence under Sections Parveen Sharma 2025.09.18 16:31 I attest to the accuracy and integrity of this document CRM-M-27611-2025 3- 201, 467, 468 and 471 of IPC were added. Investigation now stands completed. 4. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He has been in custody since 19.04.2025. The prosecution version is improbable, unnatural and is suffering from several contradictions. The specific details regarding the date, mode of payment and issuance of documents have not been given. The allegations do not make out any case for commission of offence of forgery or cheating. The subject offences are triable by Magistrate. The offences under Sections 406 and 420 of IPC are anti-thesis to each other. The trial will take considerable time to conclude. He has clean antecedents. It is, therefore, urged that he deserves to be released on bail. 5. Status report has been filed. It is argued by learned State counsel that keeping in view the gravity of the allegations as levelled against the petitioner, he does not deserve to be released on bail. Therefore, it is urged that the petition does not deserve to be allowed. 6. This Court has heard learned counsel for the parties at considerable length. 7. The petitioner is alleged to have duped the complainant of a huge amount of money on the pretext of sending his family members and himself abroad. As per the allegations, he had prepared forged documents of work permit and had even prepared fabricated and fake air tickets in the name of the complainant and his family members. The subject offences are triable by Magistrate. The petitioner has been in custody since 19.04.2025. The trial is likely to take considerable time to conclude. No fruitful purpose Parveen Sharma 2025.09.18 16:31 I attest to the accuracy and integrity of this document CRM-M-27611-2025 4- is going to be served by further incarceration of the petitioner. It is well settled proposition of law that bail is the rule and jail is an exception. Keeping in view the above discussed facts, this court is of the considered opinion that the petition deserves to be allowed. Accordingly, the same is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal/surety bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned. 8. It is, however, clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. 9. Since the main petition has been allowed, pending application, if any, is rendered infructuous. [MANISHA BATRA] JUDGE 17th September, 2025 Parveen Sharma 1. Whether speaking/ reasoned : Yes / No 2. Whether reportable : Yes / No Parveen Sharma 2025.09.18 16:31 I attest to the accuracy and integrity of this document