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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Manpreet Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Sandeep Moudgil, J.
Relief Sought
This petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for the grant of anticipatory bail to the petitioner in FIR No. 42 dated 30.04.2024 U/S 406/420 of IPC and Section 13 of Punjab Travel Professionals (Regulation) Act, 2014. PS Bhogpur, District Jalandhar i.e. Annexure P-1.
2. Prosecution story, set up in the present case as per the version in the FIR reads as under :-
'Complaint against Manpreet Singh S/o Surinder Pal R/o Bajuha Kalan District Jalandhar for sending him to abroad Italy and to defrauded him for amounting Rs 10,70,000/-. Dear Sir, It is stated that I Sukhchain Singh S/o Mohan Singh R/o Kharal Kalan Tehsil Bhogpur, District Jalandhar. That the above said Manpreet Singh who is working as a travel agent. That the Manpreet Singh is well known to me. That he on the instance of sending me abroad Italy told me on many occasions to deposit in his account no. 31840100002982 of Bank of Baroda Branch Bhogpur Jalandhar defrauded me copy of bank statements are attached and Rs 2,90,000/- took from me at Ramamandi Jalandhar and one time at Chugiti Bridge. That Manpreet Singh nor returning my money nor he
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 main legal point established in the judgment is that criminal prosecution should not be used as a means for the recovery of money, especially in cases involving illegal activities such as immigra....
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 court considered the nature of allegations and the role attributed to the petitioner, ultimately extending the benefit of anticipatory bail to him.
The main legal point established in the judgment is that a petitioner's failure to honor compromise terms and deliberate avoidance of court proceedings can influence the court's decision on the grant....
Anticipatory bail is not a right; its grant depends on the nature of accusations, potential flight risk, and ongoing investigations.
The court found no prima facie case for custodial interrogation against the petitioner, ruling that mere introduction to the main accused does not establish cheating.
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