SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(P&H) 135

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RUPINDERJIT CHAHAL, J.
Ashwani Kumar - Petitioner 
Versus 
State of Punjab – Respondent
CRM-M-14136 of 2026
Decided On : 06-04-2026

Advocates Appeared:
For the Petitioner:Mr. Karan Choudhary, Advocate
For the Respondent: Mr. Rahul Jindal, AAG, Punjab.

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.24 dated 01.02.2026 registered under Sections 420, 465 and 471 of IPC, at Police Station Dinanagar, District Gurdaspur.

2. Brief facts as per the prosecution case are that the petitioner had cheated the complainant for a sum of Rs.3,50,000/-, on the pretext of securing a job in Health Department and also issued forged appointment letter & ID card to the complainant. Hence, the present FIR.

3. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he has no concern with the alleged fraud. He argued that in fact, the petitioner was having transactions with the witness Parveen Kalia and he was having regular transactions with him and because of some dispute between them, on the saying of said Parveen Kalia, false and frivolous allegations have been levelled against the petitioner by the complainant. He argued that the petitioner was neither any beneficiary to the alleged fraud as no amount was deposited in his account, nor he demanded or induced the complainant. He argued that if the contents of the FIR are taken to be true, even then no specific role or overt act has been attributed to the present petitioner to attract the ingredients of offence of cheating and mere bald and vague allegations have been levelled against the petitioner. He 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, Gurdaspur, vide order dated 06.03.2026.

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 has cheated the complainant for Rs.3,50,000/- on the pretext of providing job of Ward Boy in Health Department. He further argued that the petitioner also issued photocopy of forged joining letter to the complainant and also handed one identity card. He further argued that the peititoner used to take the complainant along with two different hospitals for performing the duty. Further, the petitioner told that the complainant that he has been transferred at Gurdaspur and he will be called for duty in 10/15 days. When the complainant asked the petitioner for salary, then he prolonged the matter on one pretext or the other. Thereafter, the complainant got checked the documents issued by the petitioner from Civil Surgeon, Civil Hospital, Amritsar and he told that all these documents are forged documents. He further submitted that the petitioner is not only peripheral participant but principal architect of the conspiracy. He further submitted that the custodial interrogation of the petitioner is required for a fair and proper investigation in the matter as well as to unearth the modus operandi of accused; and to recover the amount involved in the alleged fraud. Hence, he prays for dismissal of the petition.

6. After hearing learned counsel for the

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top