IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RUPINDERJIT CHAHAL, J.
Rati Ram – Appellant
Versus
State of Haryana – Respondent
CRM-M No. 10504 of 2026
Decided On : 09-03-2026
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.10 dated 10.01.2026 registered under Sections 61, 351(2), 318(4) and 316(2) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Sadar Yamuna Nagar, District Yamuna Nagar.
2. Brief facts of the prosecution case are that the petitioner along with co-accused, under a pre-planned conspiracy, duped the complainant, on the pretext of securing a job under Kaushal Rojgar. 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 or involvement with the alleged fraud. He further argued that the petitioner is neither the beneficiary, nor has received any amount from co-accused out of the defrauded amount. He further submitted that when the complainant came to know that the petitioner was securing a job for his son through co-accused-Suresh, he himself contacted the said co-accused and thus, the petitioner was not a party or mediator between them. He further argued that mere bald allegations are imputed upon the petitioner that he connived with co-accused Suresh, without there being any proof on record to substantiate the same. He further argued that no offence under Section 318(4) is made out against the petitioner as the contents of the FIR do not fulfill the ingredients of cheating in any manner. No recovery is to be effected from the petitioner. Learned counsel for the petitioner further submits 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 Sessions Judge, Yamuna Nagar, vide order dated 11.02.2026.
5. On the other hand, learned State counsel, while relying upon the status report, has 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 along with co-accused Suresh Kumar received an amount of Rs.1,10,000/- and thus, has cheated and defrauded the complainant by making false promise of employment under ‘Kaushal Rojgar’. He further argued that the petitioner arranged meeting between the complainant and co-accused Suresh Kumar and also received an amount of Rs.20,000/- in cash from the complainant. He further submitted that the petitioner is not only peripheral participant but principal architect of the conspiracy. He along with co-accused 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 investigation in the matter as well as to unearth the modus operandi of accused; and to effect recovery of the amount involved in the alleged fraud. Hence, he prays for dismissal of the petition.
6. Heard.
7. In the present case, the petitioner is specifically named in the FIR and the allegations against him are serious in nature. He along with co- accused is alleged to have cheated and defrauded the complainant for Rs.1,10,000/- under the pretext of securing job. As per the reply filed by the State, the petitioner had deceived the complainant and played an active role in the crime. The allegations involve deep rooted, conspiracy and cheating of a significant magnitude requiring full, fair and unhindered investigation. At this juncture, the custodial interrogation of the petitioner is required to uncover the modus operandi and to recover the amount involved in the crime. While considering the plea for
Custodial interrogation is essential for effective investigation in serious financial offences, particularly where the accused is a primary participant. Granting pre-arrest protection in such cases w....
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