CRM-M-51348-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-51348-2024 Reserved on: 13.01.2025 Pronounced on: 30.01.2025 Parveen @ Daksh ...Peoner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Diwan S. Adlakha, Advocate for the peoner(s). Ms. Harpreet Kaur, A.A.G., Haryana. Mr. Amit Bhardwaj, Advocate and Mr. Piyush Sardana, Advocate for the complainant. **** ANOOP CHITKARA, J. FIR No. Dated Police Sta0on Sec0ons 347 21.09.2024 Butana, District Karnal 316(2), 318(4) of the BNS, 2023 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. In paragraph 18 of the bail peon, the accused has the following criminal antecedents: FIR No Dated Police Sta0on Sec0ons 430 25.12.2021 Butana, District Karnal 279, 304-A IPC 3. The facts and allegaons are being taken from the FIR filed by the State, which reads as follows: “Sir, it is requested that I, Gulshan Kumar son of Shri Purushoam Das, am a permanent resident of village Anjanthali, Tehsil Nigdu, District Karnal. That about 3 months ago, I had a conversa%on with Ajmer Singh son of Shri Ratan Singh, resident of village Anjanthali, regarding sending me abroad and the said Ajmer Singh and his partner Daksh, resident of Purani Nilokhedi, talked about sending me to Canada in 3 months and had said that they would soon get me a Canadian visa; and at that %me I got lured by them and gave them 1 JYOTI 2025.02.01 15:10 I attest to the accuracy and integrity of this order/judgment. CRM-M-51348-2024 my documents, my passport etc. It is that a,er this on 06/08/2024, the above two called me to their office Karsa Road Nilokhedi and showed me the Visa and asked me for Rs. 7,00,000/- and on 08/08/2024, I called them to my house and paid them Rs. 4,00,000/- in cash. A,er this, the next day I paid Rs. 2,11,000/- in cash at Tarawadi Mandi and paid Rs. 39,000/- through Google Pay. It is that a,er this, when I asked the above two to book a flight %cket, they told me to book the %cket from somewhere else. It is that when I asked them if there was any shortage in the visa, they told me that the visa is fine and if there is any shortage, then we are responsible for it. That therea,er, I booked a %cket for 10th August on my own will; and when we went to Delhi airport, the airport staff turned us away by saying that the documents aached with the visa are fake. That when I came back and confronted the above men%oned two people, they told me that we have got your work done and we will not give you your money, you do whatever you can; and when I confronted them they started threatening to kill me. Hence it is my humble request to you that please take strict legal ac%on against the above men%oned two and got returned my money back and jus%ce be delivered to me.” 4. 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 their family. 5. The State’s counsel opposes bail and refers to the reply. Counsel for the complainant also opposes the bail. 6. It would be appropriate to refer to the following porons of the reply, which read as follows: 10. That sum amoun%ng to Rs. 4,00,000/- is to be recovered and custodial interroga%on is required in this case. However, it is further submied that visa given by the present pe%%oner is to be verified/ ascertained as to whether the visa is original or not and from where it was made because the accused himself gets the visa on his mail on his laptop and for this purpose his custodial interroga%on is also required in this case. 11. That the role/evidence of the present pe%%oner is as under:- a) That the present pe%%oner along with his co-accused namely Ajmer 2 JYOTI 2025.02.01 15:10 I attest to the accuracy and integrity of this order/judgment. CRM-M-51348-2024 have commied fraud to an amount of Rs. 6,50,000/-. b) That as per inves%ga%on the complainant was allured by the present pe%%oner and his co-accused and he has handed documents (passport) to them. c) That as per inves%ga%on the present pe%%oner and his co-accused have prepared forged visa and the same was handed over to the complainant and the Immigra%on Authority did not allow the complainant for going to abroad the flight on the ground that documents aached with his applica%on form for grant of visa were forged one. d) That as per inves%ga%on/allega%ons on 06.08.2024, the present pe%%oner and his co-accused called the complainant in their office situated at Karsa Road, Nilokheri, and demanded Rs. 7 Lakhs. However, the complainant gave an amount of Rs. 4,00,000/- to them on 08.08.2024, while calling them to his house and next day he made payment of Rs. 2,11,000/- cash in Taraori Mandi, and Rs. 39,000/- through Google Pay. 7. The sly way the peoner conned the complainant points out the dangerous trend of the revival of thugee by revising the history. 8. A perusal of the bail peon and the documents aBached primafacie points towards the peoner’s involvement and does not make out a case for ancipatory bail. The impact of crime would also not jusfy ancipatory bail. Any further discussions will likely prejudice the peoner; this court refrains from doing so. 9. Any observaon made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 10. Pe00on dismissed. Interim order dated 04.11.2024 and subsequent orders are recalled with immediate effect. All pending applicaons, if any, are disposed of. (ANOOP CHITKARA) JUDGE 30.01.2025 Jyo%-II Whether speaking/reasoned: Yes Whether reportable: No. 3 JYOTI 2025.02.01 15:10 I attest to the accuracy and integrity of this order/judgment.