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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Neeraj Bhalla – Appellant
Versus
UT Of Chandigarh – Respondent
JUDGMENT :
Sandeep Moudgil, J.
Relief Sought
This petition has been filed under Section 482 of BNSS for grant of anticipatory bail in FIR No. 213 dated 20.12.2024 under Sections 409, 420 of IPC, 1860 and Section 24 of Immigration Act registered at P.S. Central Sector-17, District Chandigarh.
2. Prosecution story, set up in the present case as per the version in the FIR reads as under :-
'Contents of first information report: To SSP Sahib Chandigarh Police Sub: Regarding conducting a satisfying inquiry in connection with application no. ICMS/2023/027561 dated 25/10/23. Sir, I request that in the above application, the allegations made by me against Neeraj Bhalla My Visa Point Sec 22 Chandigarh, the inquiry officer, coming under the influence of Neeraj Bhalla, did not investigate the facts such as fake PT test which was conducted from Amritsar, getting the bank account opened from his office below, getting signatures on blank cheques or papers, taking money, its investigation, the company to which it was sent to England. Kindly investigate this whole matter seriously and GCO label officer should be put on duty so that we get justice. Thank you, your well-wisher Assem Jayia S/O Rajkumar R/
Anticipatory bail is not a right; its grant depends on the nature of accusations, potential flight risk, and ongoing investigations.
Anticipatory bail cannot be granted when serious allegations involving significant financial deceit exist, necessitating custodial interrogation for a fair investigation.
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 central legal point established in the judgment is that the nature of the allegations and the level of involvement in fraudulent activities are crucial factors in determining the grant of anticip....
Anticipatory bail granted as custodial investigation not required; petitioners implicated as witnesses in alleged forgery, not beneficiaries.
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