The court's decision to grant transit anticipatory bail was influenced by the impending marriage of the applicant No.1 and the need to provide the applicants with time to approach the concerned Court at Ludhiana to apply for anticipatory bail.

JUDGMENT

Subodh Abhyankar, J. - This application has been filed by the applicants under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail read with Section 482 of Cr.P.C. for grant of transit anticipatory bail, as they are apprehending their arrest in connection with a crime registered at Police Station Moti Nagar, Police Commissionerrate, Ludhiana vide FIR No.0240/2022 for offence punishable under Section 420 of the Indian Penal Code, 1860.

2. In brief, the facts of the case are that the applicant No.1 Himanshu Chopra is engaged in the business of manufacturing the cello tapes etc. In the aforesaid business transaction, the applicant No.1 had obtained certain raw material from the complainant, towards which, the applicant had also gave two cheques of Rs.2.5 Lakh each to the complainant as security. In all, he has already paid a sum of Rs.1,71,120/- and Rs.53,000/- in two different transactions and Rs.2,58,000/- still remains to be paid but as the applicant had already given two separate cheques to the complainant towards security, he has tried to encash the same but the same got dishonored and thus, directly the FIR has been lodged against the applicants.

3. Counsel for the applicants has submitted that it was a pure business transaction which has been given a color of a criminal case and the FIR has been lodged against the applicants and applicant No.1 who is a young boy is due to marry on 19/01/2023 only and the programs are to start from 16/01/2023, his invitation card is also placed on record. Thus, it is submitted that if the applicants are arrested at this stage, their entire future would be jeopardized and an irreparable injury shall be caused to their reputation. It is also submitted that so far as the applicant No.2 Jayesh Chopra is concerned, he happens to be the father of applicant No.1 and has nothing to do with the aforesaid business transaction, although he is also ready to remit the amount of the complainant. Hence, it is submitted that the application be allowed.

4. Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that no case for transit anticipatory bail is made out.

5. Heard. On due consideration of the rival submissions and perusal of the documents filed on record including the marriage invitation card of the applicant No.1 who is due to marry on 19/01/2023, and whose ceremonies are to begin from 16/01/2023, this Court finds it expedient to allow the present application for a period of 45 days only so as to give the applicants some breathing time to approach the concerned Court at Ludhiana to apply for anticipatory bail.

6. Accordingly, this application is allowed. It is directed that in the event of their arrest in connection with FIR No.240/2020 registered at Moti Nagar, Police Commissionerate, Ludhiana for commission of offence punishable under Section 420 of IPC, applicants shall be released on bail, upon each of them executing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand only) to the satisfaction of the Arresting Officer (Investigating Officer).

7. This transit bail is valid for a period of 45 (forty five) days only and within that period, the applicants are directed to approach appropriate forum for seeking appropriate relief.

8. Accordingly, Miscellaneous Criminal Case No.2629/2022 stands allowed and disposed of.

Certified copy as per rules.