129+237 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-55470-2024 (O&M)

Date of decision: 21.02.2025 Yasveer ... Petitioner Vs.

State of Haryana and another ... Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Deepam Raghava, Advocate for the petitioner.

Mr. Rupinder Singh Jhand, Addl. AG, Haryana.

Mr. Ashok K. Jindal, Advocate for respondent No.2.

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HARPREET SINGH BRAR, J. (ORAL)

CRM-7198-2025

1. This application has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking addition of Sections 419, 468, 471 of the Indian Penal Code, 1860 (for short ‘IPC’) in the head note and prayer clause of the main petition.

2. Learned counsel for the applicant-petitioner submits that after filing of the present petition, supplementary status report by way of affidavit of Abhimanyu Lohan, HPS, Assistant Commissioner of Police, EOW, Gurugram, on behalf of the respondent-State dated 21.01.2025 was filed in the Court on 23.01.2025, from which, the applicant-petitioner came to know about adding of Sections 419, 468, 471 of IPC.

3. In view of the above, instant application is allowed and Sections 419, 468, 471 of IPC are ordered to be added in the head note and prayer clause of the main petition.

4. Registry is directed to carry out the necessary corrections accordingly.

CRM-M-55470-2024

5. Instant petition has been filed under Section 482 of BNSS for grant of anticipatory bail in FIR No.190 dated 07.06.2024 under Sections 420 & 120-B of IPC (Sections 419, 468 & 471 of IPC were added later on), registered at Police Station Bhondsi, District Gurugram.

6. Learned counsel for the petitioner, inter alia, contends that as per the case set up by the prosecution, on the pretext of providing govt. jobs and admissions in prestigious colleges and universities, the petitioner and co- accused Runa Berry cheated the complainants-victims and duped them of Rs.45,50,000/-. During the investigation, it was revealed that the transactions of Rs.5.00 lakhs were made amongst wife of the petitioner, Sachin Chadha and Sudha Chadha. The cheque amounting to Rs.2.00 lakhs, allegedly issued by wife of the petitioner in favour of Sachin Chadha, was dishonoured later on. It is further contended that there is not even an iota of evidence against the petitioner and the monetary dispute has been given the colour of criminal offence.

7. Per contra, learned State counsel, assisted by learned counsel for respondent No.2, opposes the prayer for grant of anticipatory bail to the petitioner on the ground that in fact, the petitioner created email IDs resembling to be of govt. departments and sent false intimations to the victims/complainants regarding procuring govt. jobs and by circulating these email IDs, he duped several innocent people. The petitioner is beneficiary of the fraud and he has cheated the victims/complainants to the tune of Rs.50.00 lakhs. Further, conduct of the petitioner is such that he is not entitled to any relief. It is further submitted that after granting interim protection by this Court, he was directed to hand over the mobile phone and the laptop, through which he created the email IDs. During the investigation, certain offences were added. Now the petitioner is saying that he sold his mobile phone and the laptop and he has deliberately done this in order to destroy the evidence containing Whatsapp chats, call transactions and creation as well as contents of false email IDs of govt. departments, through which, he intimated the victims/complainants regarding procuring of govt. jobs for them and their admission in educational institutions. As such, custodial interrogation of the petitioner is required.

8. Having heard learned counsel for the parties and after perusing the record of the case with their able assistance, it transpires that the petitioner cheated the innocent people of their hard-earned money, on the pretext of procuring govt. jobs for them and their admissions in esteemed