IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 28.08.2025 Gurdeep Singh ....Petitioner V/s State of Punjab ....Respondent CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Lakhwinder S. Sidhu, Advocate for the petitioner.

Mr. Kunwarbir Singh, AAG Punjab.

Mr. Abnash Singh, Advocate for the complainant.

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SUMEET GOEL, J. (Oral)

1. Present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) for grant of pre-arrest/anticipatory bail to the petitioner in case bearing FIR No.05 dated 29.01.2025, registered for the offences punishable under Sections 420 of IPC at Police Station Jaurkian, District Mansa.

2. The gravamen of the FIR in question pertains to defrauding the complainant namely Reena Kaur daughter of Major Singh, who alleges that she is B.Ed. qualified and she alongwith her friend namely Manjit Kaur were seeking government job. On 30.04.2024, Sandeep Kaur and her brother namely Gurdeep Singh (petitioner herein) visited the house of the complainant and promised her a job in Post Office whereas her friend namely Manjit Kaur was promised job as Staff Nurse and they raised a ₹

demand of 5,00,000/- each. Thereafter, the complainant and her friend ₹ ₹

initially paid a sum of 1,00,000 in cash ( 50,000 each) and subsequently transferred various amounts to the HDFC Bank account (No. 50200093091444, Branch Joga) of accused Gurdeep Singh through ATM, Google Pay and cheque. It was alleged by the complainant that she had paid ₹

a total sum of 3,52,000/- whereas her friend namely Manjit Kaur paid ₹

3,00,000/- in total. Thus, the total amount paid by both of them is ₹

6,52,000/-. It was further alleged that the accused Gurdeep Singh (petitioner herein) even gave roll numbers to the complainant and her friend to appear in the examination but their names did not find mention in the result lists which raised an eyebrow of suspicion. Thereafter, despite repeated demands, the accused neither provided jobs nor returned the money. Instead, they abused and issued threats to the complainant and her friend. The complainant further alleged that the accused were connected with anti-social elements and thus, she apprehend danger to her life and property. Based on these set of allegations, instant FIR was registered against accused Sandeep Kaur and Gurdeep Singh (petitioner herein) for fraud, cheating, criminal breach of trust, threats and mental harassment.

3. Learned counsel for the petitioner has iterated that the allegations leveled in the FIR are false and concocted. Learned counsel has further iterated that the complainant and her friend had transferred amounts into the account of the petitioner not towards any promise of employment but for the purpose of investment in share and commodity trading. Due to continuous downtrend in the market, losses were suffered which has now been wrongly projected as a criminal offence. It has been further submitted that no cash transaction, alleged in the FIR, ever took place. The allegations, even if taken at face value, do not satisfy the essential ingredients which attract the Sections under which the present FIR has been registered. Learned counsel has further submitted that the FIR is nothing but clearly an abuse of the criminal process as the civil transaction has been deliberately given a criminal colour to exert undue pressure upon the petitioner. Furthermore, the FIR does not disclose the commission of any cognizable offence. It has been emphatically argued by the learned counsel that the petitioner has never fabricated, forged or prepared any documents as alleged. The entire narrative in the FIR is concocted with the sole objective of pressurizing the petitioner financially. According to learned counsel, in the absence of substantive and incomplete material, the entire prosecution story is nothing but an abuse of process. It has been further submitted that there is no need for custodial interrogation of the