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RAJESH BHARDWAJ
Simranjeet Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Rajesh Bhardwaj, J.
The petitioners have approached this Court praying for grant of anticipatory bail to them in a case FIR No.39, dated 21.03.2023 registered under Sections 406 , 420 and 120B IPC and Section 13 of Punjab Travel Professionals Regulations Act, 2012, at Police Station Kotwali, Nabha, District Patiala.
2. As per facts of the case, the FIR was registered on the statement of complainant, namely, Deepak Kamra son of Bisandas Singh. It was alleged that the complainant is the owner of Deepak Hotel and Restaurant. One Amandeep Singh used to do the work of making combine for a long time in the name of M/s Carbro Agro Tech and had relationship with the complainant. Younger son of the complainant, namely, Sahil Kamra aged about 29/30 years had been working with him. Amandeep Singh came to his hotel about 7 months ago with his brother Simran Singh and father Surinder Singh i.e. the petitioners, who told the complainant that they also do the work of sending the children to foreign countries and settled many children in Canada after obtaining work permit. They also advised the complainant to send his son Sahil to Canada by providing a work permit and asked for a sum of Rs.
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.
Anticipatory bail cannot be denied solely due to non-recovery of the cheated amount; the prosecution must establish the veracity of allegations through cogent evidence.
Anticipatory bail is not a right; its grant depends on the nature of accusations, potential flight risk, and ongoing investigations.
The absence of custodial interrogation does not justify granting anticipatory bail; the prima facie case against the accused must be the primary consideration.
The recovery of the disputed amount cannot be a prerequisite for the grant of bail, especially when no custodial interrogation is needed.
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