In cases of economic offences involving complex fraud, anticipatory bail should be exercised sparingly. Custodial interrogation is essential for effective investigation, as it allows for the recovery of misappropriated funds and the discovery of the modus operandi, which would be hindered by pre-arrest protection.

JUDGMENT :

RUPINDERJIT CHAHAL, J.

1. Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.271 dated 08.12.2025 registered under Section 420 IPC, at Police Station Baghapurana, District Moga.

2. Brief facts as per the prosecution case are that the petitioner cheated the complainant for a sum of Rs.6 lakhs, on the pretext of sending his brother and sister-in-law abroad on work visa.

3. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. She further submitted that the petitioner is not beneficiary of the alleged fraud. She argued that the petitioner has no concern with Blue Cost Immigration Services and in fact, he has only suggested the said company to the complainant in good faith. She argued that the complainant independently decided to approach the said company and submitted all his documents and dealt directly with the said company. She further argued that an amount of Rs.5,00,000/- was transferred by the complainant in the account of the Blue Cost Immigration Services, which fact is also confirmed by the investigation agency and through banking record as per which the said bank account stands in the name of one David Arora, the Director and Promoter of Blue Coast Immigration Services. She further submitted that the entire case is based on documentary evidence which are already in possession of the complainant or the investigating agency, hence, nothing is to be recovered from the petitioner. Moreover, the petitioner has clean antecedents as he is not involved in any other case. Learned counsel for the petitioner further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. Hence, he prays that present petition be allowed.

4. After registration of the FIR, investigation has been initiated and is under way. Apprehending his arrest, the petitioner had moved an application for grant of anticipatory bail which has been dismissed by the Court of learned Additional Sessions Judge, Moga, vide order dated 05.03.2026.

5. On the other hand, learned State counsel has filed the status report in the matter, which is taken on record and while referring to the same, he has vehemently opposed the prayer of the petitioner for grant of anticipatory bail on the ground that the allegations levelled against the petitioner are serious in nature. He argued that the petitioner is specifically named in the FIR. He further argued that the petitioner dishonestly induced the complainant to part with huge amount of money on the false assurance of sending his relatives abroad. He further argued that the petitioner has allegedly received Rs.1,00,000/- from the complainant for providing them work visa and when he has not provided them any such visa, then he allured the complainant to send his family members to Canada on tourist visa and again got transferred Rs.5 lakhs in the bank account of Blue Cost Immigration Services with whom the petitioner has monetary dealings. He further submitted that since inception, the petitioner had no such intention to provide any visa to the complainant’s family. He has further submitted that the petitioner is not only peripheral participant but principal architect of the conspiracy. He orchestrated a well planned conspiracy to cheat the complainant. He further submitted that the custodial interrogation of the petitioner is required for a fair and proper investi