Anticipatory bail is not a right; its grant depends on the nature of accusations, potential flight risk, and ongoing investigations.

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 petitioner and his co-accused on several occasions that the visa was fake, they started making false excuses. Thus, neither the work was done nor the amount paid was returned. Finally, an FIR was lodged.

3. Learned counsel for the petitioner submits that the amount was taken by Narinder Singh-co-accused of the petitioner, who was named in the FIR and as promised a visa was provided, which was a genuine one. The petitioner has been falsely implicated and as the allegations against him are concocted. He is not involved in any other case.

4. Learned State counsel while relying on the status report filed by way of affidavit of Sukhwinder Singh Brar, Deputy Superintendent of Police (City), Moga, submits that the petitioner as also his co-accused had duped the complainant in the garb of sending his son to New Zealand. It has been ascertained that out of the total agreed amount of Rs.11 lacs, Rs.6,95,599/- was transferred to the account of the firm through RTGS as also cash payments were made in the office in the presence of both, the co-accused as well as the petitioner. However, the visa provided was found to be fake, with regard to which a reference is made to Annexure R-1, attached therewith. The name of the employer with whom the son of the complainant was to be given a job as assured by the petitioner and his co-accused, was Wake's Fruit Company Limited, New Zealand, which during investigation, was found to have been closed vide resolution dated 31.03.2017. A copy of the shareholders' special resolution has been attached as Annexure R-2, to fortify the said submission. All ingredients of the offences as mentioned in the FIR are fulfilled against the petitioner and his co-accused in the present case. The investigation is still going on. The custodial interrogation of the petitioner is necessary to recover the alleged amount as also to ascertain the other persons involved in immigration fraud. There is every apprehension to influence the investigation, influence the witnesses and cause threat to the complainant. The petitioner being engaged in the trade of sending people abroad, he is a flight risk.

5. Learned counsel for the complainant submits that his son was interested in going to New Zealand, for which purpose he approached the petitioner as also his co-accused, who were running a travel agency and an agreement to pay an amount of Rs. 11