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2026 Supreme(Online)(P&H) 6324
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Gurvinder Singh Gill, Ramesh Kumari, JJ
Gagandeep Singh – Appellant
Versus
National Investigation Agency – Respondent
CRA-D No.1617 of 2025 | CRA-D No.91 of 2026
For the Appellants/Petitioners: Harlove Singh Rajput, Jashandeep Singh Bains
For the Respondents: Sukhdeep Singh Sandhu, Sakshi Goel
In cases of organized human trafficking involving serious crimes and international ramifications, a private compromise between an accused and a victim does not entitle the accused to regular bail, as the offense impacts society at large and cannot be compounded.
Headnote:(A) Bharatiya Nyaya Sanhita, 2023 - Ss. 143, 318, 238 - Punjab Travel Professionals (Regulation) Act, 2014 - S. 13 - National Investigation Agency Act, 2008 - Illegal human trafficking ('Dunki Route') - Regular bail - Accused involved in operating a large-scale racket for illegal migration to USA - Modus operandi involved cheating, extortion, and physical/mental harassment of victims - Financial records and victim statements corroborate the organized nature of the crime - Gravity of allegations and international ramifications make the accused ineligible for bail. (Paras 10, 15, 16)
(B) Bail - Competency of compromise - In cases involving serious offenses like human trafficking which have international ramifications, a compromise between the complainant and the accused cannot be a ground to grant bail or compound the offense. (Paras 11, 15)
Facts of the case:
The appellants were denied bail by the Special Judge, NIA, in connection with a case of organized human trafficking through the 'Dunki Route'. The accused allegedly acted as agents, cheating victims of huge sums under the guise of legal migration while facilitating their illegal entry into the USA, during which the victims were subjected to harassment and exploitation by third-party associates.
Findings of Court:
The court found substantial evidence, including massive bank transactions and numerous corroborating witness statements, supporting the prosecution's allegations that the accused operated an organized human trafficking and extortion racket. Given the seriousness of the charges and the systemic exploitation of victims, the court refused to grant regular bail.
Issues: Whether the appellants should be granted regular bail considering the alleged compromise with the complainant and the evidentiary support for human trafficking charges.
Ratio Decidendi: The court held that where a case involves widespread human trafficking and serious criminal offenses, private compromises are irrelevant to the assessment of bail, and the gravity of the systemic criminal activity necessitates custodial detention.
Result: Appeals dismissed.
| Table of Content |
|---|
| 1. overview of charges and the nature of the human trafficking racket. (Para 1 , 2 , 3 , 4) |
| 2. arguments concerning bail, compromise with victims, and the nia's opposition. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. court evaluation of financial evidence and witness statements in justifying bail denial. (Para 12 , 13 , 14 , 15 , 16) |
| 4. final order, dismissal of appeals, and administrative directions for trial. (Para 17 , 18 , 19 , 20) |
RAMESH KUMARI, J.
1. Both the appeals have been filed by the above named appellants against the impugned orders passed by learned Special Judge, NIA, Punjab, SAS Nagar Mohali, whereby the bail applications pending trial in case bearing No. RC-04/2025/NIA/DLI dated 13.03.2025 under Sections 143 , 318, 238 of BNS and Section 13 of Punjab Travel Professionals (Regulation) Act, 2014, were dismissed.
2. The case pertains to the illegal immigration of Gursewak Singh who went to USA through the “Dunki route,” via Spain, El Salvador, Guatemala, and Mexico. He alleged that the appellant, Goldy (Gagandeep Singh), an agent, cheated him by sending him to the USA on an invalid visa after taking ₹45 lakhs. During the journey, he was harassed and physically assaulted by the “Donkers,” and his money was snatched before crossing the US border. While attempting to cross the border, he was apprehended by the US Border Patrol and detained for 19 days. He was deported from the USA on 13.02.2025 and arrived at Amritsar on 15.02.2025.
3. Since, the aforesaid facts attracted Section 143 of BNS, 2023 (Section 370 of IPC) which is a scheduled offence in terms of National Investigation Act, 2008, the NIA accordingly took over investigation of this case.
4. During investigation, it is transpired that Gagandeep Singh @ Goldy despite having no authorization was acting as an immigration agent and in connivance with his Indian and foreign based associates, illegally sends persons to USA through dangerous ‘Dunki Route’ via Spain, El Salvador, Guatemala and Mexico without valid visas and travel documents. The complainant Gursewak Singh along with many others, was duped by the accused of huge amount of money for securing entry into USA. On the directions of the accused, complainant and other victims were detained and physically and mentally harassed by accused’s foreign associates (Donkers) while travelling from Spain to Mexico-U.S. border. After extracting money, they were forced to cross U.S. border illegally via ‘Dunki Route’. The accused- Shubham Sandhal @ Deep Hundi received Rs.11.22 lakhs as proceeds of human trafficking from 01.01.2023 to 30.04.2023. These transactions correspond with the statements of the victims as well as data analysis from seized mobile phone of Shubham Sandhal @ Deep Hundi. Victims and witnesses statements identify him as the hawala handler who collected money, routed it illegally to Mexico, financed the ‘Donkers’ and coordinated payments for victim’s movement on ‘Dunky Route’. Digital evidence such as WhatsApp groups, shared locations, money-confirmation screen shots, traveler lists and hawala-rate discussions corroborate the role of Shubham Sandhal @ Deep Hundi for his involvement in organizing the trafficking network.
5. We have heard learned counsel for the appellants, learned State counsel and learned counsel for the complainant.
6. Learned counsel for the appellant contended that accused Gagandeep Singh @ Goldy compromised with the complainant Gursewak Singh through his wife. It is mere case of offences under Section 318 (4) BNS (420 of IPC), which are compoundable. The allegation against the accused is exaggerated showing it as a case of human trafficking. There is no evidence in support of the allegation that accused indulged in human trafficking. Prosecution initially alleged that the statements of 150 victims were recorded but the said victims are reduced to 38 in number. Out of these 38 victims, 34 alleged victims are residing in USA and have not filed any complaint. Out of remainin
