IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-34089-2025 Date of Decision:07.07.2025 Harvinder Singh Sindhu @ Som Nath ...Petitioner Versus State of Haryana ... Respondent CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present : Mr. Sandeep Arora, Advocate for the petitioner. Mr. Rajinder Kumar Banku, DAG, Haryana. Mr. Jitender K. Sehrawat, Advocate for the complainant. N.S.SHEKHAWAT , J. 1. The petitioner has filed the present petition under Section 482 of BNSS, 2023, for grant of anticipatory bail to him in case FIR No.315 dated 29.08.2024 registered under Sections 406 and 420 of IPC at Police Station Civil Lines, Hisar. 2. The FIR in the present case has been registered on the basis of the application submitted by Jagjit Singh and the same has been reproduced below:- “To, The SSP, Hisar. AMIT RANA 2025.07.09 10:31 I attest to the accuracy and authenticity of this judgement/order CRM M-34089-2025 -2- Sub: Application for taking legal action against 1- Harvinder Singh (Mobile No. 7262983590, 9915170976) Sindhu alias Somnath resident of village Kaki, near Gurudwara Medical Store, Rama Mandi, District Jalandhar (Punjab), 2- Gurpaviter Singh Gill (Mobile No.: 94640 13000, 9815632051) son of Palwinder Singh resident of Kothi No. 1, Baba Ishwar Singh Nagar, Jalandhar (Punjab), 3- Pyare Lal (Mobile No.: 9896690005) resident of Bakhli District Kurukshetra, 4 Prince (Mobile No. 9780209888) resident of M.K. Bank House, Mandi Phagwara, Jalandhar (Punjab). Sir, It is requested that I, Jagjit Singh son of Shri Krishna am resident of village Bithmada, District Hisar and I am a law abiding and peace loving citizen and I am making both ends meet by doing labour work. As I was unemployed so I asked my maternal Aunt's son Gurjant to get some job for me, on which Gurjant said that he is known to one Harvinder Sindhu who is sending people abroad. Then we had a talk with Harvinder Sindhu, his partner Gurpaviter Singh, my maternal aunt's son Gurjant at the house of son of my maternal aunt Gurjant at Hisar and Gurvinder and Gurpaviter said that we would send you to USA for which you have to pay Rs.35 lakhs. Then on 14.09.2023, I was sent to Dubai and on my reaching Dubai, Harvinder Sindhu sent me the location of the flat situated there and thereafter I was sent to Mali Africa and told me to deposit Rs. 9 lakh 80 thousand at Pyarelal's shop at shop No. 6 Pehowa. Then my aunt's son gave Rs.9 lakh 80 thousand to Gurjant at Pyarelal's shop on 08.10.2023. Then Prince took Rs.9 lakh 80 thousand from the shop of Pyarelal and AMIT RANA 2025.07.09 10:31 I attest to the accuracy and authenticity of this judgement/order CRM M-34089-2025 -3- Gurpaviter Gill took the same from Prince. Harvinder Singh and Gurpaviter are partners in this racket of cheating and human trafficking and Harvinder Sindhu and Gurpaviter had asked his person Aslam to confine me. I was kept locked in a room. They used to gave beatings to me and he snatched my passport and 3800 dollars and did not gave me any food and I was kept under starvation and they started saying that if I want to go back home alive then give us Rs.10 lakhs, otherwise they will kill me. I contacted my family and my wife Ekta has paid Rs.10 lakhs to the accused Harvinder Sindhu and Gurpaviter at my house in Jawahar Nagar Hisar and then Gurvinder Sindhu and Gurpaviter called Aslam and said that Rs.10 lakhs have been received and to release me. On the asking of Gurvinder Sindhu and Gurpaviter, Aslam who had snatched my passport then handed over my passport and I got saved myself by getting money for the tickets from my home and came back to India. In this way the accused in connivance with each other had committed cheating with me of 3800 dollars (Indian Rs.3 lakh 42 thousand) and Rs.19 lakh, 80 thousand and I was made to spent Rs.3 lakh 75 thousand for my ticket on account of the accused persons. Therefore, you are requested to take strict legal action against the above accused and an amount of Rs.26,97,000/-cheated by the accused persons may be got returned. I shall be highly thankful. Your Sincerely, Date 16.07.2024. Applicant Sd/ Jagjit Singh son of Shri Krishna resident of village Bithmada, district Hisar. Mobile No. 9255230009”. AMIT RANA 2025.07.09 10:31 I attest to the accuracy and authenticity of this judgement/order CRM M-34089-2025 -4- 3. Learned counsel for the petitioner contends that even as per the allegations levelled in the FIR, no specific allegation has been levelled against the present petitioner regarding the handing over of any amount to him. Even, it has been alleged that the complainant had handed over Rs. 9,80,000/- at the shop of Pyare Lal, which was taken by Prince from the said shop. Even no amount was ever transferred in the account of the present petitioner. Still further, even prior to registration of the FIR, the complainant had moved various applications to the police at Pehowa, Kurukshetra and Ambala. However, the police found that the petitioner was not involved in the crime and the complaints were ordered to be filed. 4. On the other hand, learned State counsel assisted by learned counsel for the complainant have vehemently opposed the submissions made by the learned counsel for the petitioner on the ground that the petitioner was a habitual offender and was involved in the following 10 more criminal cases:- “(i) FIR No. 21/2016 P.S. Sultanpur Lodhi, Distt. Kapurthala. (ii) FIR No. 62/2016 P.S. Hajipur, Distt. Hoshirapur. (iii) FIR No. 170/2016 P.S. Model Town, Distt. Hoshirapur. (iv) FIR No. 27/2016 P.S. Lakho ke Ibrahim, Distt. Ferozepur. (v) FIR No. 25/2016 P.S. Lakho ke Ibrahim, Distt. Ferozepur. AMIT RANA 2025.07.09 10:31 I attest to the accuracy and authenticity of this judgement/order CRM M-34089-2025 -5- (vi) FIR No. 204/2016 P.S. Div. No.7, Jalandhar. (vii) FIR No. 47/2016 P.S. Div. No.7, Jalandhar. (viii) FIR No. 106/2016 P.S. Div. No.8, Jalandhar. (ix) FIR No. 231/2016 P.S. Div. No.7, Jalandhar. (x) FIR No. 300/2017 P.S. Adampur, Distt. Jalandhar”. Apart from that, one more FIR No. 87 dated 14.08.2024 under Sections 406 and 420 of IPC and Section 13 of the Punjab Travel Professionals (Regulation) Act, 2014, Police Station Police Commissionerate Division 7, Jalandhar was also ordered to be registered against the present petitioner. Still further, the petitioner was the main accused in the present case and they were running the racket and indulged in human trafficking. Even, the petitioner and other co-accused had cheated the complainant to the tune of Rs.26,97,000/- and the petition deserves to be dismissed by this Court. 5. I have heard learned counsel for the parties and perused the record. 6. In the present case, the complainant has levelled specific allegations against the present petitioner and other accused. Even after taking huge amount from the complainant, he was sent to different countries and was confined in a room. His passport was snatched and was not even provided food. Even, he was threatened to make a phone call to his family members to deliver a sum of Rs.10,00,000/- to the accused. Ultimately, under threat, Ekta wife of the complainant had AMIT RANA 2025.07.09 10:31 I attest to the accuracy and authenticity of this judgement/order CRM M-34089-2025 -6- handed over a sum of Rs. 10,00,000/- to Harvinder Sindhu and Gurpaviter and the petitioner was ultimately cheated to the tune of Rs. 26,97,000/-. Even, as per the police file, the investigation has been conducted and the involvement of the petitioner has been found. Moreover, the petitioner is also facing 10 other FIRs of similar nature in various districts of Punjab, which clearly proves that the petitioner is a habitual offender and in the past also, he had cheated several innocent persons. Moreover, the custody of the petitioner would be required to uncover the modus oprandi and to know the involvement of other accused in the present case. 7. Thus, finding no merits, the present petition is ordered to be dismissed. 07.07.2025 (N.S.SHEKHAWAT) amit rana JUDGE Whether reasoned/speaking : Yes/No Whether reportable : Yes/No AMIT RANA 2025.07.09 10:31 I attest to the accuracy and authenticity of this judgement/order