IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-64289-2025 Gouri Sharma ....Petitioner V/s The State of Punjab ....Respondent Date of decision: 14.11.2025 Date of Uploading: 14.11.2025 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Tarun Jhatta, Advocate for the petitioner.

Mr. Amit Goyal, Additional Advocate General, Punjab.

Mr. Mohit Giri, Advocate for the complainant.

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SUMEET GOEL, J. (Oral)

1. Present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) for grant of pre-arrest/anticipatory bail to the petitioner in case bearing FIR No.0207 dated 10.10.2025, registered for the offences punishable under Sections 318(4), 336(2), 336(3), 340(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 24 of the Immigration Act at Police Station Kot Ise Khan District Moga.

2. The gravamen of the FIR in question pertains to defrauding the complainant namely Gurwinder Singh Maan son of Daljit Singh. He alleged that in April 2024, he came across a social media advertisement allegedly issued by the petitioner and co-accused for facilitating Canadian work permits on a “payment-after-permit” basis. Being 10+2 pass and wishing for a better future, the complainant, his wife Jaspreet KAur Mann and daughters Ravleen Maan and Gurleen Maan decided to avail the service. The complainant contacted Kuljit Pal Jaitley, who called him to his office i.e. The Victoria Immigration Service, opposite Police Station Moga. There, Kuljit Pal Jaitley, his wife Renu Jaitley and Gaurav Sharma assured the complainant that they would arrange Canadian work permits for his entire family within six months for a total cost of Rs.26,00,000/- out of which Rs.2,00,000/- was to be paid as advance. The remaining amount was to be paid upon receiving the Passport Request from the Embassy. The aforesaid accused also obtained photocopies of passports, Aadhaar cards, educational certificates and photographs. It is further alleged that on various dates, the complainant transferred a total sum of Rs.26,00,000/- via RTGS, Google Pay and other online modes. As a form of security on 23.07.2025, Kuljit Pal Jaitley issued two cheques i.e. for Rs22,00,000/- and Rs.2,00,000/-. Subsequently, the accused persons allegedly sent a purported “Passport Request” from VFS Chandigarh, booked appointments and had the passports submitted. After one month, the complainant received the passports alongwith a letter from the authorities stating that no such request had been made by them. Upon verification, the complainant discovered that the accused had forged the documents, resulting in imposition of a five year ban by the Canadian embassy on the entire family. When the complainant confronted the accused, they allegedly avoided him for 3/4 months. The complainant further alleged that the accused had cheated him and misappropriated Rs.26,00,000/- and sought action. The inquiry conducted by the DSP (CAW), Moga and legal opinion of the Deputy District Attorney resulted in registration of the present FIR.

3. Learned counsel for the petitioner has iterated that no specific allegations have been attributed to the petitioner in the entire FIR. No payment was ever demanded by the petitioner, nor was any amount transferred into his account at any stage. Learned counsel has further iterated that the petitioner has never met the complainant or his wife nor has he ever made any telephonic communication with them. Learned counsel has further submitted that the alleged amounts have not been transferred into the accounts belonging to the petitioner. Learned counsel asserts that the allegations levelled against the petitioner in the impugned FIR are entirely baseless and devoid of any credible or cogent material. Learned counsel has further submitted that the petitioner has been unnecessarily dragged into the matter merely due to his relationship with the accused and because his wife happens to work in a school run by th