CRM-M-33587-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-33587-2024 Reserved on: 13.01.2025 Pronounced on: 27.01.2025 Naresh Kumar @ Bunty ...Peoner Versus State of Punjab and another …Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Deepak Kumar, Advocate for the peoner. Mr. Sukhdev Singh, A.A.G, Punjab. **** ANOOP CHITKARA, J. FIR No. Dated Police Sta1on Sec1ons 31 23.04.2024 Talwara, District Hoshiarpur 406, 420 IPC 1. The peoner apprehending arrest in the FIR caponed above has come up before this Court under Secon 482 of Bharaya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking ancipatory bail. 2. In paragraph 12 of the bail peon, the accused declares that he has no criminal antecedents. 3. The facts and allegaons are being taken from status report dated 03.08.2024 filed by the State, which reads as follows: “2. That it is submied that the complainant submied an applicaon No.10694-PD dated 22.12.2023 to SSP, Hoshiarpur against the peoner with the allegaons that the peoner was studying with complainant and had fallen prey to the assurances of the peoner of procuring Visa for South Africa for two years and for this purpose, the peoner demanded an amount of Rs.1,80,000/-. The complainant had transferred an amount of Rs.50,000/- in the account of Neha Rani (wife) of the peoner and an amount of Rs.80,000/- in cash on 08.05.2023 to the peoner at Ludhiana. Apart from it, another amount of Rs.50,000/- in different installments were transferred on mobile number of the peoner by way of Google pay. The peoner 1 JYOTI 2025.01.28 09:24 I attest to the accuracy and integrity of this order/judgment. CRM-M-33587-2024 obtained passport etc of complainant in the month of February, 2023 and a5er 4 months, he got procured visa of South Africa and got a cket for Africa Ethiopian Air Lines and handed over a copy of said cket to complainant. When, complainant went to Delhi on 03.06.2023, in order to go South Africa, the peoner did not hand over the original air cket and called him back to Talwara. The cket and Visa was got verified and found to be fake. When, complainant has come to Talwara on 13.06.2023 and asked the peoner to return his amount, who started dilly- dallying the maer on one pretext or the other. The peoner neither sent the complainant abroad nor returned the amount.” 4. Counsel for the peoner has referred to order dated 11.12.2024 passed by this Court in which his following statement was recorded, which reads as under: “Counsel for the peoner submits that he had already compromised the maer and out of the seled amount of Rs.1.5 Lacs, an amount of Rs.1.00 lac has already been paid and a cheque of Rs.50,000/- has been given which would be encashed in the month of January, 2025 and a peon for quashing of FIR in queson, on the basis of compromise is already pending for hearing on 15.01.2025. xxx…..” 5. The peoner's counsel prays for bail by imposing any stringent condions and contends that further pre-trial incarceraon would cause an irreversible injusce to the peoner and his family. 6. The State’s counsel opposes bail and refers to the status report. 7. It would be appropriate to refer to the following porons of the status report dated 03.08.2024, which read as follows: “ROLE OF PETITIONER: 6. That it is submied that the present case was registered against the peoner a5er an inquiry conducted by SHO, P.S. Talwara, District Hoshiarpur on the applicaon of complainant. The peoner was school mate of the complainant and was travel agent and he won over the complainant and he assured the complainant that he will get him Visa of South Africa for work of driver in South Africa for 2 years and he will charge Rs.1,80,000/- from him. On this, the complainant transferred Rs.50,000/- in the account of Neha, wife of peoner and the instance of the peoner. Then the complainant gave Rs.80,000/- on 08.05.2023 in 2 JYOTI 2025.01.28 09:24 I attest to the accuracy and integrity of this order/judgment. CRM-M-33587-2024 Ludhiana and therea5er the peoner got transferred Rs.50,000/- on different dates on Google Pay of mobile No.94631-xxxxx of peoner. Therea5er, the peoner got issued fake Visa and fake cket of South Africa to the complainant and thereby commied fraud of Rs.1,80,000/- with the complainant.” 8. Although the allegaons against the peoner were serious in nature but once the complainant is stated to have compromised the ma?er with the peoner, which is not disputed by the State, as such, there is no reason to deny bail to the peoner. 9. Pre-trial incarceraon should not be a replica of post-convicon sentencing. The evidence might be prima facie sufficient to launch prosecuon or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of ancipatory bail. An analysis of the above does not jusfy custodial interrogaon or pre- trial incarceraon. 10. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allegaons and the other factors peculiar to this case, there would be no jusfiability for custodial interrogaon or the pre-trial incarceraon at this stage. Without commenng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons menoned above, the peoner makes a case for bail. 11. Given above, provided the peoner is not required in any other case, the peoner shall be released on ancipatory bail in the FIR caponed above subject to furnishing bonds to the sasfacon of the Arresng Officer, and if the ma?er is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepng the surety, the concerned Officer/Court must be sasfied that if the accused fails to appear, such surety can produce the accused. 12. While furnishing a personal bond, the peoner shall menon the following personal idenficaon details: 1. AADHAR number 2. Passport number (If available) and when the a?esng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 13. This order is subject to the peoner’s complying with the following terms. 14. The peoner is directed to join the invesgaon within seven days of uploading 3 JYOTI 2025.01.28 09:24 I attest to the accuracy and integrity of this order/judgment. CRM-M-33587-2024 this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Invesgator. The peoner shall be in deemed custody for Secon 27 of the Indian Evidence Act, 1872/ Secon 23 of BSA, 2023. The peoner shall join the invesgaon as and when called by the Invesgang Officer or any Superior Officer and shall cooperate with the invesgaon at all further stages as required. In the event of failure to do so, the prosecuon will be open to seeking cancellaon of the bail. During the invesgaon, the peoner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 15. The peoner shall abide by all statutory bond condions and appear before the concerned Court(s) on all dates. The peoner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court. 16. In case the Invesgator/Officer-In-Charge of the concerned Police Staon arraigns another secon of any penal offense in this FIR, and if the new secon prescribes a maximum sentence that is not greater than the secons menoned above, then this bail order shall be deemed to have also been passed for the newly added secon(s). However, suppose the newly inserted secons prescribe a sentence exceeding the maximum sentence prescribed in the secons menoned above; then, in that case, the Invesgator/Officer-In-Charge shall give the peoner noce of a minimum of seven days, providing an opportunity to avail the remedies available in law. 17. This bail is condional, and the foundaonal condion is that if the peoner indulges in any non-bailable offense, the State may file an applicaon for cancellaon of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 18. Any observaon made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 19. A cerfied copy of this order would not be needed for furnishing bonds, and any Advocate for the Peoner can download this order along with case status from the official web page of this Court and a?est it to be a true copy. If the a?esng officer wants to verify its authencity, such an officer can also verify its authencity and may download and use the downloaded copy for a?esng bonds. 4 JYOTI 2025.01.28 09:24 I attest to the accuracy and integrity of this order/judgment. CRM-M-33587-2024 20. Pe11on allowed in terms menoned above. All pending applicaons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 27.01.2025 Jyo-II Whether speaking/reasoned: Yes Whether reportable: No. 5 JYOTI 2025.01.28 09:24 I attest to the accuracy and integrity of this order/judgment.