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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Sunny @ Sandeep Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
SUMEET GOEL, J.
1. Present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS ’) seeking grant of anticipatory bail to the petitioner in case bearing FIR No.11 dated 10.03.2024, registered for the offences punishable under Sections 420 , 120-B of IPC at Police Station Ghuman Kalan, District Gurdaspur.
2. The gravamen of the FIR in question pertains to defrauding the complainant namely Vikas Bhandari, son of Jaspal, resident of Village Suchania, Tehsil and District Gurdaspur, who alleged that he was approached by the accused Sunny (petitioner herein) regarding the possibility of sending his son namely Lovepreet Bhandari, abroad to Portugal on a work permit visa. It was alleged that the petitioner claimed to be associated with Mani Kapoor, son of Ashok Kumar and Ashok Kumar himself, who posed themselves as travel agents. After further discussions, the complainant alongwith Iqbal Singh son of Lakha Singh of Suchetagarh, were asked to submit the passports of their sons alongwith Rs.3.8 lacs each initially, with the assurance that the total costs of Rs.12.00 lacs would be paid in installments, the balan
Anticipatory bail cannot be granted when serious allegations involving significant financial deceit exist, necessitating custodial interrogation for a fair investigation.
Anticipatory bail is not a right; its grant depends on the nature of accusations, potential flight risk, and ongoing investigations.
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 court considered the nature of allegations and the role attributed to the petitioner, ultimately extending the benefit of anticipatory bail to him.
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