HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****

Date of Decision: 12.05.2025 ****

Sanjeev Kumar ... Petitioner VS.

State of UT Chandigarh ... Respondent ****

CORAM: HON’BLE MR.JUSTICE SANDEEP MOUDGIL ****

Present: Mr. Saurabh Bajaj, Advocate for the petitioner Mr. Viren Sibal, APP, Chandigarh ****

Sandeep Moudgil, J.

(1). This is the third petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for grant of regular bail to the petitioner in case FIR No.92, dated 10.08.2024, under Section 406, 409, 420, 467, 468, 471, 120-B of IPC, 1860, registered at Police Station Cyber Crime, Chandigarh, District Chandigarh.

(2). Prosecution story set up in the present case as per the version in the FIR reads as under :-

“Statement of Ganesh Mal S/o Lt. Sh. Shankar Lal R/o Village Khinyala, Tehsil Jalyal, P.S. Jayal, District Nagour (Rajasthan) age 52 years, Mob. No. 6367702594. Stated that I reside at the above address alongwith my family. And do the work of Carpenter in my village itself. In April 2024, I saw add of one Visa Company Global Consultant SCO No.292, 1st Floor, Sec 32- D, Chandigarh on my Facebook ID and called on the Mob. No. 7529864834 given in this add. One girl picked the phone and told that their company do the work of sending to Azerbaijan and told her name as Gazal Kapoor and for getting more information called in office Chd. I along with my son-in-law (Damed) Vikas came to their office Sec 32D on 25.4.24, met Gazal Kapoor. At that time in her office, three girls and two boys were working, they told us that they send group of 25/30 persons for working in Azerbaijan, in which Carpenter, labourer, anyone can be there and the total expenses for sending to Azerbaijan will come to Rs. 1,35,000/- per head. In which they will get done the entire process, Air Ticket etc, in the same and will also provide them work upon reaching at Azerbaijan and their Azerbaijan salary will be Rs. 1 lakh per month. She also said that half money after offer letter and rest of the money will have to be given upon getting visa. I found their offer to be good and as group was going, then I told about the same to the persons of my village and to some known persons of the adjoining villages. For the same, some from my village and some from other village got ready. Regarding the same, I talked with Ghazal Kapoor in the above Visa company. She told us to send our respective Passport through courier. In the beginning. I sent her Passport of 5 persons through post and through Whatsapp. The above company, for these five Passport, for one EVRASCON Company made Offer letter of Azerbaijan and sent the same on Whatsapp to me. After that they demanded Rs. 25,000/- from me. As per their asking, on 28.5.2024 I sent the same on their UPI ID- gaggarwal206-1@oksbi, which was in the name of Shubham, from my daughter Saraswati's A/c No. 83010221250, Rajasthan Marudhar Gramin Bank through Google pay. I showed this Offer letter to my other acquaintance and told them, then they also became ready. Apart from us 5 persons, whose Offer letter had come, other persons became ready to go to Azerbaijan and they also gave their respective Passport to me. I also sent the same to the above Grobal Consultant Company Chd through Whats app and Post. They also sent their offer letter to me on Whats app, after that they started saying that you all have to give Rs. 50000/- now. On 9.6.24, 1 sent Rs. 50000/- on their above UPI ID from the above A/C of my daughter Online. After that they again telephonically called on 9.6.24 that you Visa has come, you come and deposit your half money. On 10.6.24, I along with my five fellows Pappu Ram, Kamal, Dwarka Parsad and Driver Suresh came to their office Sec 32D Chd and gave Rs. 1109000/- to them in cash as per their asking. They made a receipt of the same and gave it to me and on 10.6.24, itself myself from my daughter Saraswati's above A/c Rs. 50000/-, 50000/- 9000, 109000/-, from Surender's A/c 15000/-, 60000/-, 25000/-,