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AMAN CHAUDHARY
Avtar Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Aman Chaudhary, J.
The present petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail in FIR No.259, dated 24.11.2022 registered under Sections 420 and 120B IPC and Section 13 of the Punjab Travel Professionals (Regulation) Act, 2014, at Police Station City Moga, District Moga.
2. The facts as narrated in the FIR and the status report filed by the investigating agency are that co-accused-Narinder Singh was running a travel agency namely M/s Guru Nanak Trading and Trade Centre, Kotkapura bypass, Moga, of which petitioner was a partner and since they had earlier sent the nephew of the complainant Kashmir Singh to Dubai, he contacted Narinder Singh on 05.09.2020 for sending his son Lovepreet Singh to New Zealand. The accused offered to obtain a work permit for New Zealand, within a period of 3 months for a total amount of Rs.11 lacs. Pursuant to the agreement, the complainant started paying the above amount in installments, on which he received an offer letter, a visa and an air ticket from Amritsar to Dubai, of which he was informed that it had not been confirmed and thus a new ticket in its place will be given. Thereafter, when he approached the pet
Anticipatory bail is not a right; its grant depends on the nature of accusations, potential flight risk, and ongoing investigations.
The absence of evidence implicating the petitioner as a travel agent and the lack of grounds to deny bail based on the recovery of the amount in question were crucial in granting anticipatory bail.
The court considered the nature of allegations and the role attributed to the petitioner, ultimately extending the benefit of anticipatory bail to him.
Anticipatory bail cannot be granted when serious allegations involving significant financial deceit exist, necessitating custodial interrogation for a fair investigation.
The main legal point established in the judgment is that criminal prosecution should not be used as a means for the recovery of money, especially in cases involving illegal activities such as immigra....
The main legal point established in the judgment is that a petitioner's failure to honor compromise terms and deliberate avoidance of court proceedings can influence the court's decision on the grant....
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