IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 12.05.2025 VIKRAM PADAM …. Petitioner Versus STATE OF PUNJAB …. Respondents CORAM: HON’BLE MRS. JUSTICE MANISHA BATRA Present : Mr. Yoginder Nagpal, Advocate for the petitioner.

Ms. Himani Arora, A.A.G, Punjab.

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MANISHA BATRA, J. (oral)

1. The present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short-‘BNSS’) by the petitioner for grant of anticipatory bail in case arising out of FIR No.90 dated 29.06.2024 registered under Sections 406, 420, 120-B of IPC, at Police Station Mullanpur, District SAS Nagar, Mohali.

2. As per the allegations, the petitioner represented to the complainant that he was posted as a clerk in the office of Municipal Corporation, Chandigarh. He introduced the complainant with Raman Kumari by saying that she was posted as Commissioner in Municipal Corporation, Chandigarh. Accused Raman Kumari is in fact the wife of the petitioner. Both of them represented to the complainant that they could secure jobs for the post of Peon as well as Clerk in Municipal Corporation, Chandigarh. They induced him to pay a sum of `6 lakhs each for appointment of the complainant and his brother as Peon and demanded a sum of `10 lakh for appointing the wife of the complainant on the post of Clerk. On being so induced, the complainant paid an amount of `40 lakhs to the petitioner and his wife who gave appointment letters dated 28.06.2022 in the name of the complainant, his brother and his wife showing that they were appointed with Municipal Corporation, Chandigarh. They were even made to work in the office of Municipal Corporation, Chandigarh for two months and salary to the tune of `15,000/- was transferred in their bank accounts. However, subsequently, the complainant came to know that the appointment letters so issued to them were forged and fabricated documents and they were not so appointed. On making inquiries, it was revealed that the petitioner and his wife had duped several other persons by making such false representation. On the basis of these allegations, the aforementioned FIR has been registered against the petitioner. Apprehending his arrest, the petitioner moved an application for grant of pre- arrest bail which was dismissed by the Court of learned Additional Sessions Judge, SAS Nagar, Mohali vide order dated 24.03.2025.

3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He himself is an outsource employee in Municipal Corporation, Chandigarh and there is no question of his inducing the complainant or anybody else for appointing Peon or Clerk. He was not the beneficiary of any transaction. He has clean antecedents. The main accused who has orchestrated the fraud is already on run and has not even been nominated in the FIR whereas, the petitioner has been unnecessarily dragged. His custodial interrogation is not required. He is ready to join the investigation. No recovery is to be effected from him. Accordingly, it is urged that he deserves to be given benefit of anticipatory bail.

4. Notice of motion.

5. Learned State counsel who has appeared on advance notice of the petition, is ready to argue the matter and has submitted that there are special and serious allegations against the petitioner. For conducting through investigation in the matter and for effecting recovery of money taken by the petitioner from the complainant, his custodial interrogation is must. Even otherwise, no extra ordinary or exceptional circumstance has been made out for granting him anticipatory bail. Accordingly, it is stressed that the petition deserves to be allowed.

6. Rival submissions have been heard.

7. The petitioner by hatching conspiracy with his wife is alleged to have duped the complainant of a huge amount of money by representing that he himself as well as his family members would get appointed for the post of Peon and Clerk in the office of Municipal Corporation, Ch