JUDGMENT :

Harpreet Singh Brar, J. (Oral) :

The present petition has been preferred under Section 482 of the Bharatiya Nagarik Surakksha Sanhita, 2023 (hereinafter 'BNSS') seeking grant of anticipatory bail in the case stemming from FIR No.400 dated 31.12.2024 registered under Sections 316(2) and 318(4) of the Bharatiya Nyay Sanhita, 2023(hereinafter 'BNS') at Police Station Urban Estate, Hisar.

2. Briefly, the facts are that the petitioner transferred his gold loan of Rs. 15,04,715/- from Fed Bank to the company- Capri Global Capital Ltd., Hisar. The company transferred the said amount to the petitioner's account. However, the petitioner got his gold released from Fed Bank but failed to deposit it with the complainant's company. The petitioner has neither returned the loan amount disbursed to him, nor did he deposit the gold with them.

3. On 22.01.2025, the following order was passed:

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Keeping in view the ratio of law enunciated by the Hon'ble Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51; Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others 2010 SCC OnLine SC 137; Gurbaksh Singh Sibbia etc. Vs. State of Punjab (1980) 2 SCC 565, Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Sushila Aggarwal Vs. State of NCT Delhi 2020 (1) RCR (Criminal) 833, the petitioner is directed to appear before Investigating Officer within a period of two weeks from today and thereafter, as directed by the Investigating Officer. In the event of arrest, the petitioner will be admitted to interim anticipatory bail on furnishing bail/surety bonds to the satisfaction of Investigating/Arresting Officer. The petitioner shall cooperate with the investigation/Arresting Officer and abide by the conditions as provided under Section 482(2) of BNSS (erstwhile Section 438(2) of Cr.P.C.).

If the Arresting Officer does not permit the petitioner to join the investigation, he would appear before learned Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioner in the investigation, in terms of the order of this Court.

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4. However, on 20.02.2025, it was stated by the learned State counsel that the petitioner has not been cooperating with the investigation. As such, the following order was passed:

Learned Senior counsel for the petitioner submits that the petitioner has already joined the investigation and cooperated throughout.

Learned State counsel, on instructions from SI Mal Singh, submits that although in compliance of the order passed by this Court, the petitioner has joined the investigation, however, he has not cooperated in the investigation.

Learned counsel for the complainant vehemently opposes the prayer made by the petitioner, on the ground that intention to cheat the complainant from the very inception is writ large and the petitioner, without pledging the gold, has obtained the loan and he has shown the release of gold from the bank, however, the same was not deposited and as such, the petitioner's complicity is duly proved on record.

In view of the above, the Investigating Officer is directed to file his affidavit indicating the manner in which the petitioner has not cooperated in the investigation.

Adjourned to 26.03.2025.

Interim order to continue. '

5. The relevant part of the status report dated 13.03.2025 is reproduced below:

'9. That the petitioner/accused joined in investigation of case on 02.02.2025 and during investigation the petitioner/accused recorded his disclosure statement regarding the aforesaid fraud, however, he recovered nothing in furtherance of his disclosure statement Copy of disclosure statement of petitioner/accused is appended herewith as Annexure R-4.

10. That the fraud committed by the petitioner/accused is apparently clear from the aforesaid documents, however, the petitioner/accused haven't recovered the amount of Rs. 15,04,715/- which he fraudulently obtained from the Capri Global Capital Limited. ' (emphasis added)

6. Having heard the learned