IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RUPINDERJIT CHAHAL, J.
Rajinder Kashyap - Petitioner
Versus
State of Punjab - Respondent
CRM-M-65189 of 2025
Decided On : 28-01-2026
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.18 dated 17.09.2025 registered under Sections 319, 140, 3(5) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, at Cyber Crime Police Station, Khanna, District Ludhiana.
2. Brief facts as per the prosecution case are that Head Constable Balwinder Singh along with his associates had illegally abducted three persons from Noida, impersonated themselves as Senior Police officers and thereafter kept the victims confined at different places for the purpose of extortion running into crores of rupees, including extortion of cryptocurrency and mobile phones. Hence, the present FIR.
3. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He argued that the petitioner was neither named in the FIR nor has any concern with the alleged crime. It has also been contended that during investigation, co-accused Khushdev Singh @ Mani was arrested and the petitioner has been nominated as an accused only on the basis of the disclosure statement made by the said co- accused. Apart from the disclosure statement, there is no other evidence to connect the petitioner with the offence in question and it is a trite law that disclosure statement of the co-accused during his custodial interrogation has no evidentiary value. No recovery is to be effected from the petitioner. Moreover, the petitioner has clean antecedents as he is not involved in any other case. 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.
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, Ludhiana, vide order dated 06.11.2025.
5. On the other hand, learned State counsel has already filed the status report in the matter and while referring to the same, she 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. She argued that the petitioner was specifically named in the disclosure statement of co-accused Khushdev Singh @ Mani. She further argued that petitioner was the unidentified associate who was present at the scene of occurrence in khakhi uniform, thereby indicating his direct participation in the commission of the alleged crime. She further argued that the petitioner took the vehicle in question from co-accused Khushdev Singh @ Mani at Giaspura, Ludhiana, which itself prove his active involvement and direct role in the commission of the crime. She argued that despite repeated attempts, notice and efforts by the investigating agency, the petitioner has not joined the investigation. She further argued 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 mobile phones, digital devices and other incriminating material to establish the financial trail including crypto-transaction. Hence, she prays for dismissal of the petition.
6. Heard.
7. In the present case, the allegations against the petitioner are serious in nature. He is specifically nominated as an accused in the disclosure statement made by co-accused Khushdev Singh @ Mani, thus, his custodial interrogation is required to uncover the modus operandi and to recover the mobile phones, digital devices and other incriminating material. The events in entirety indicate towards the existence of a bigger syndicate indulging in criminal activities. The Court is required to consider the overall nature of offence and accusations against the accused, the
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