IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

211 CRM-M-32256-2025 DATE OF DECISION: 19.06.2025 KUSODHWAJ JANA ALIAS KUSHAD JANA ...PETITIONER Versus UNION TERRITORY, CHANDIGARH ... RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Satish Kumar, Advocate for the petitioner(s).

Mr. Rajiv Vij, Addl. P.P., UT Chandigarh ***

SANDEEP MOUDGIL, J (ORAL)

1. Prayer This petition has been filed under Section 483 of the BNSS, 2023 seeking the concession of regular bail for the petitioner in FIR No.189 dated 30.10.2024 under Sections 318(2), 61(2) of BNS registered at Police Station Sector-17, Chandigarh.

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

‘To The Senior Superintendent of Police Chandigarh Police Headquarters Sector 9, Chandigarh Sub: Complaint against 1) Kusodhwaj Jana alias Kushad Haj Jana (M:6283721104) son of Kanail Jana, resident of Village & Post Office Paschimbar, Police Station Bhagwanpur 1, District Purba Medinipur, West Bengal- 721144, Bharat (India), 2) Tapati Rani Kabiraj Jana (M: 9877386657) wife of Shri Kusodhwaj Jana alias Kushad Haj Jana, resident of Paschimbar, Purba Medinipur, Bhagwanpur-1, West Bengal, 721144, Bharat (India), 3) Sanjay (M: 8360559715) son of Kanail Jana, resident of Paschimbar, Purba Medinipur, Bhagwanpur-1, West Bengal, 721144, Bharat (India), 4) Mohan (M: 8637385511) cousin of Kusodhwaj Jana alias Kushad Haj Jana, 5) Ram Mittal (nephew of accused no. 1 & 2) (M:9888127697), Second Address of all accused Khewat No. 821, Khatauni No. 874, Khasra No. 162//3/1 (2-11), 167/11 (8-0), 10 (8- 0), 169//8/1 (4-10), Kite 4 measuring 23 Kanal 1 Marla having 300/46100 share admeasuring 0 Kanal 3 Marla, Hadbast No. 352 situated at Village Karora, Dashmesh Nagar, Shiv Mandir Gali, Naya Gaon, District S.A.S. Nagar, Mohali, Punjab for cheating, fraud and for duping 300 gm of gold of the complainant and request for taking appropriate action against all the accused persons in accordance with law. Workplace Ankita Goldsmith SCO 40 TF Sector 23 C Chandigarh Respected Sir, This is with reference on the subject mentioned above. In this regard, the complainant Ms Asit Pramanik M/S Diamond Gold Jewellers SCO No 3-36 Sec 17 CUT Chandigarh wants to bring the facts before your good self for your kind consideration and immediate necessary action to be taken in this regard and the same are as under: That the complainant is running the business of sale & purchase of gold, diamond and other allied materials for the last more than 15 years and is running her business with the name and style of M/s Asit Diamond Gold jewellers situated at 35. 36, Second Floor Sector 17 C, Chandigarh and the complainant is the sole proprietor of the above said firm. That the accused persons are all relatives and they all are engaged in the profession of making gold and diamond jewellery and other allied products and they have been working with the complainant A for the last more than 7-8 years. The complainant has been provided the raw gold to the accused persons along with the designs and the accused person along with the designs and the accused persons have been making the jeweler for the clients of the complainant. Apart from this, the accused persons are also dealing with the repair as well as polishing of the gold jewellery. The complainant has been settling the quantity of the gold every month with the accused persons have been providing all the details of the gold and were also settling the quantity of the gold being provided by the complainant for manufacturing of the gold ornaments on monthly basis and the accused persons have been positively performing their jobs being assigned to them. That in the month of July 2024, the complainant in the regular course of business contacted the accused persons and told them to prepare the gold ornaments for his 8-10 clients. On 25.07.2024, the accused no. 1 & 2 came to the shop of the complainant and took 160 gm of raw gold (24