CRM-M-33170-2026 (O&M) 1- 207 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-33170-2026 (O&M) Date of decision: 22.07.2026 LOVISH MAHAJAN ...PETITIONER VERSUS STATE OF UT CHANDIGARH ...RESPONDENT CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Brijesh Khosla, Advocate for Mr. Vikrant Guleria, Advocate for the petitioner. Mr. Rajesh K. Sheoran, Addl. P.P. U.T. Chandigarh and Mr. Hardeep Singh Poonia, Advocate for respondent. *** SHALINI SINGH NAGPAL J. 1. Petitioner seeks anticipatory bail in FIR No.084 dated 15.05.2026 under Sections 318(4), 316, 61(2) Bharatiya Nyaya Sanhita, 2023 and Section 24 Immigration Act, Police Station Sector 39, Chandigarh. This is the first petition for anticipatory bail. 2. While issuing notice of motion on 08.06.2026, following order was passed:- “Learned counsel for the petitioner submits that the present case arises from a complaint alleging that the petitioner, who runs an overseas educational consultancy, received approximately Rs.16 lakhs from the complainant for securing admissions and visa-related assistance for her grandchildren to study in the United States. Learned counsel further submits that the petitioner successfully secured SUMIT SINGLA 2026.07.22 19:42 I attest to the accuracy and integrity of this document CRM-M-33170-2026 (O&M) -2- admissions in educational institutions in the USA, deposited the requisite school fees, and obtained Form I-20 and DS-2019 from the concerned institutions. According to the petitioner, although the students were subsequently refused visas by the U.S. Embassy, the refusal was beyond his control and the issue thereafter pertained only to refund of fees governed by the refund policies of the respective schools. Learned counsel contends that the complainant failed to furnish the visa refusal documents required by the schools for processing the refund, resulting in the present dispute. Learned counsel for the petitioner submits that the petitioner has been falsely implicated and that the dispute has been given a criminal colour despite being purely civil and contractual in nature. It is argued that there was no dishonest or fraudulent intention on the part of the petitioner from the inception of the transaction, as the admissions were duly secured, fees were remitted to the concerned institutions, and all requisite educational documents were issued. Counsel contends that grant or refusal of a visa lies exclusively within the domain of the U.S. Embassy and was never under the petitioner's control. It is further submitted that the entire case rests on documentary evidence such as bank transactions, invoices, admission records and email correspondence, leaving no scope or necessity for custodial interrogation. Reliance is also placed upon correspondence exchanged with the foreign educational institutions to demonstrate that any refund was SUMIT SINGLA 2026.07.22 19:42 I attest to the accuracy and integrity of this document CRM-M-33170-2026 (O&M) -3- subject to compliance with institutional policies and not dependent upon any act of the petitioner. Lastly, learned counsel submits that the petitioner is ready and willing to cooperate with the investigation and abide by all conditions imposed by the Court. Notice of motion. Mr. Rajesh K. Sheoran, Addl. P.P. U.T. Chandigarh, who is present in Court accepts notice on behalf of the respondent- U.T. Chandigarh and seeks time to get instructions. Adjourned to 22.07.2026. Meanwhile, the petitioner is directed to join the investigation within a period of 15 days from today and shall fully cooperate with the Investigating Agency and in the event of his arrest, he shall be admitted to ad-interim bail on furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer, subject to the conditions envisaged under Section 482(2) of the BNSS [erstwhile Section 438(2) of the Cr.P.C].” 3. Status report by way of affidavit of DANIPS, Division Police Officer, South West, Sub-Division, U.T. Chandigarh has been filed, which is taken on record. Learned State counsel submits that petitioner has joined investigation and is no longer required for custodial interrogation. 4. Pursuant to order of this Court dated 08.06.2026, petitioner has joined investigation. Considering all relevant facts and circumstances, but without commenting on merits of the case, the petition is allowed and order dated 08.06.2026, granting interim anticipatory bail to the petitioner, is SUMIT SINGLA 2026.07.22 19:42 I attest to the accuracy and integrity of this document CRM-M-33170-2026 (O&M) -4- made absolute, subject to the conditions laid down in Section 482(2) of Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023. 5. Pending miscellaneous applications, if any, stand disposed of. (SHALINI SINGH NAGPAL) 22.07.2026 JUDGE Sumit Singla Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUMIT SINGLA 2026.07.22 19:42 I attest to the accuracy and integrity of this document