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SANJIV BERRY
Ramesh Kumar @ Ramesh Kumar Bali – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. bail application under crpc. (Para 1) |
| 2. arguments for and against bail. (Para 2 , 4) |
| 3. details of the alleged crime and custody. (Para 5 , 6) |
| 4. order regarding bail conditions. (Para 7) |
JUDGMENT
Sanjiv Berry, J. (Oral)
The instant petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in FIR No.107 dated 05.11.2022 under Sections 406, 420, of IPC and Section 13 of Punjab Travel Professional (Regulation) Act, registered at Police Station Sadar Nawanshar, Distt. S.B.S. Nagar (Annexure P-1).
2. It has been contended by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case. He submitted that petitioner is not a travel agent nor he is doing any work of sending people abroad. He submits the present FIR has been registered after an inordinate delay of 7 years. Investigation in this case has already been concluded and report under Section 173 Cr.P.C has been filed in Court. Petitioner is in custody since 14.01.2023. He further submits that petitioner is not required in any other case and as such prayed for grant of bail to the petitioner.
3. The learn
The prosecution agency cannot act as a recovery agent at the instance of the complainant, and the timing of the FIR and the petitioner's participation in the investigation are crucial in granting ant....
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.
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