IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Decided on 24.12.2025

Rupesh Singh Yadav . . . Petitioner(s)

Versus

State of Punjab and another . . . Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

PRESENT: Mr. A.P. Kaushal, Advocate for the petitioner.

Mr. Neeraj Madaan, Sr. DAG, Punjab.

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SANJAY VASHISTH , J.(Oral)

1. Petitioner – Rupesh Singh Yadav, has filed instant petition under Section 482 of BNSS, 2023, for grant of Transit Anticipatory bail, in case FIR No.26, dated 04.10.2025, under Section 318(4), 3(5) of BNS,

registered at Police Station Diu, District Diu, for a period of four weeks

2. Learned counsel for the petitioner submits that although peti- tioner is not an accused in any criminal case registered in the States of Pun- jab, Haryana and Union Territory, Chandigarh, i.e., area falling under the ju- risdiction of this Court, yet on account of his being nominated as an accused in FIR registered at Police Station Diu, instant petition for Transit Anticipa- tory Bail has been filed, stating that presently he is residing in District Lud-

hiana (Punjab), of which address also stands mentioned in the petition.

3. Learned counsel for the petitioner further submits that on a complaint filed by Hiteshri Kantilal Kamalia, alleging cheating, fraud, and misappropriation of money, FIR in question was registered against him at

Police Station Diu.

Learned counsel for the petitioner also submits that the peti-

tioner has been served notice under Section 35(3) BNSS (formerly Section 41-A Cr.P.C.) on 11.12.2025 in Ludhiana and apprehends arrest upon reach- ing Diu. Therefore, he seeks temporary relief in the form of transit bail to enable him to travel safely to Diu.

Counsel also submits that petitioner is innocent and has been falsely implicated in the present case. He had no involvement in the alleged cheating or fraud, nor has he received any money from the complainant. The allegations in the FIR are entirely concocted and baseless.

Counsel further submits that FIR has been registered in Diu, which falls outside the territorial jurisdiction of Ludhiana. Petitioner requires transit bail solely to reach Diu and either join the investigation or approach the court having competent territorial jurisdiction. Moreover, petitioner has voluntarily received notice under Section 35(3) BNSS and is willing to co- operate fully with the investigation. He undertakes to report to the authori- ties whenever required and to comply with any conditions imposed by the Court. Therefore, prays for grant of temporary relief in the form of transit bail .

4. On hearing learned counsel for the petitioner, this Court observes that the dispute arising out of the FIR registered at Police Station Diu, District Diu, does not fall within the territorial jurisdiction of this Court. Therefore, it would not be appropriate to delve into the factual matrix of the case or to express any opinion thereupon. However, petitioner’s counsel submits that if, petitioner is granted the concession of Transit Anticipatory Bail, so as to enable him to approach the Court of competent jurisdiction for seeking pre-arrest bail, he is ready to abide by all terms and conditions, as may be imposed by this Court.

In support of his submissions, learned counsel has placed reliance upon two judgments of this Court, namely; (i) Devender Kumar v. State of Haryana and another, 2024 NCPHHC 129001 : Law Finder Doc Id # 2653493, and (ii) Naveen Kumar v. State of Haryana and others, 2025 NCPHHC 36961 : Law Finder Doc Id # 2706827, to contend that this Court has ample power under Section 482 BNSS, 2023, to grant limited protection by way of Transit Anticipatory Bail, in order to enable the petitioner to avail appropriate remedy before the competent Court.

5. On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab, ap- pears and submits that no emergent situation has been shown for entertain- ing the present petition, and the prayer is beyond the territorial purview. However, he does not dispute the ex