IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 10^th January, 2025 Sandeep Kumar ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Rishab Bhandari, Advocate for the petitioner.

Ms. Swati Batra, Deputy Advocate General, Punjab.

***

MANISHA BATRA, J (ORAL):-

The present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in the FIR mentioned below:-

FIR No. Dated Police Station Sections

301 11.07.2024 Zirakpur, District SAS420, 406, 465, 467, 468, Nagar 471 and 120-B of IPC

2. Brief facts relevant for the purpose of disposal of the present petition are that the aforementioned FIR was registered on the basis of statement of the complainant Muhammad Yunus alleging therein that Poonam Bansal, who was acquainted with him, had introduced him to accused Sandeep Kumar who was running a company under the name of ‘The Profit Planet’ along with the present petitioner who is the brother of Sandeep Kumar and his brother-in-law Bittu. He alleged that all of them induced the complainant and Poonam Bansal to invest money in their company and by assuring to give interest @ 15% per month and to make their investment double within a period of 6 months. On being induced by them, the complainant invested a sum of ₹1,00,000/- by transferring the same through online transaction whereas Poonam invested a sum of ₹15,00,000/-. The petitioner and co-accused also gave photostat copy of a certificate of registration shown to be issued in the name of the company of the petitioner by Reserve Bank of India. The money was given to Sandeep Kumar. After taking the money, the accused sent a mobile link to the complainant showing his ID and some password. Though the complainant could see the profit earned by him on the investment so made through that ID but despite making several attempts, he could not transfer any money from the application so given by the accused to his account. Feeling suspicious, he started contacting the petitioner and the co-accused but they neither picked up his phone nor contacted him. By alleging that the petitioner and co-accused had created a fake company and had duped him of a sum of ₹1,00,000/-, he prayed for taking action in the matter. After registration of FIR, investigation is underway. 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, SAS Nagar vide order dated 05.12.2024.

3. The present petition has been filed by the petitioner on the grounds and it is argued by his counsel that he has been falsely implicated in this case on the basis of vague allegations. There is no documentary evidence against him. The case has been registered on assumptions. He does not know the complainant. He hails from Fatehabad (Haryana), whereas the place of incident is Zirakpur to which he has no concern. There is eleven months’ delay in reporting the matter to the police. The co-accused Bittu Ram has been extended benefit of pre-arrest bail. On parity, he too deserves to be released on bail. He is ready to join the investigation. His custodial interrogation is not required. No recovery is to be effected from him. The offences for which he has been booked are not made out against him even prima facie. Therefore, it is urged that the petition filed by him is deserves to be allowed.

4. Status report has been filed by respondent-State, as per which, there are specific and serious allegations against the petitioner who floated a company under the name of ‘The Profit Planet’. He along with the co- accused induced the complainant and other victims to invest huge amount of money in the said company with a dishonest intention to cause wrongful loss to them and to misappropriate that money and has not returned the same. His custodial interrogation is must for conducting thorough investigatio