CRM-M-52984-2024 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 204 CRM-M-52984-2024 (O&M) Date of Decision:- 05.05.2025 ARCHANA KUMAR ....Petitioner(s) Versus STATE OF HARYANA ...Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present : Ms. Surbhi Singla and Mr. Rajat, Advocates for the petitioner. Mr. Vipul Sherwal, AAG Haryana. Mr. Aditya, Advocate for Ms. Sharmila Sharma, Advocate for the complainant. ***** SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 482 Bharatiya Nagarik Suraksha Sanhita, 2023, petitioner seeks anticipatory bail in case FIR (Annexure P-1) as under: FIR No. Dated Sections Police Station 237 29.06.2024 406, 420, 120-B IPC Central Faridabad, Haryana 2. It is inter alia contended by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the case. She contends that the husband of the petitioner had been working as Investment Consultant along with the complainant, who is also working in the same premises. She contends that the petitioner has no concern with the SANDAL SHARMA 2025.05.15 18:35 I attest to the accuracy and authenticity of this order/judgment CRM-M-52984-2024 (O&M) -2- said transaction, however, some amount invested by the complainant had been transferred by the husband of the petitioner in the account of the petitioner for the business startup. She further contends that there is a delay in lodging of the complaint by the complainant in this case. She submits that the petitioner is ready to join investigation and has prayed for grant of anticipatory bail to the petitioner. 3. Per contra, learned State counsel assisted by learned counsel for the complainant while referring to the status report submitted by State has opposed the petition on the ground that the petitioner along with her ₹ husband had cheated the complainant of 1.63 crores on the pretext of getting good returns and some part of the amount had been transferred in the account of the petitioner. He submits that petitioner is a habitual offender as four other criminal cases of similar nature are registered against the petitioner. Thus, the custodial interrogation of the petitioner is required to unearth the modus operandi, adopted by the petitioner. As such, prays for dismissal of the bail petition. 4. After considering the rival contentions and perusing the record, it transpires that as per the case of prosecution the petitioner along with her ₹ husband had allured the complainant and asked him to lend 20 lakhs for 15 months @ 3% per month, which the complainant paid for making investment in immovable properties, however, neither the property was given nor the amount was returned to the complainant, thereby cheated the ₹ complainant of his hard earned money to the tune of 1.63 crores. 5. The petitioner is specifically named in the FIR and she happens SANDAL SHARMA 2025.05.15 18:35 I attest to the accuracy and authenticity of this order/judgment CRM-M-52984-2024 (O&M) -3- to be the beneficiary, as part payment of the cheated amount has been deposited in the bank account of the petitioner. The custodial interrogation of the petitioner is warranted to recover the defrauded amount and to unearth the modus operandi. Therefore, considering the serious nature and gravity of offence, it is observed that no case is made out in favour of the petitioner for grant of anticipatory bail, as a consequence, the petition is hereby dismissed. 6. Any observation made above shall not be construed as opinion of this Court on the merits of the case. (SANJIV BERRY) JUDGE 05.05.2025 S.Sharma(syr) i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No SANDAL SHARMA 2025.05.15 18:35 I attest to the accuracy and authenticity of this order/judgment