IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on : 11.11.2025 Deepak Kumar and another ……Petitioner(s)

Versus State of Punjab ……Respondent(s)

CORAM : HON'BLE MR.JUSTICE SUMEET GOEL Present: Mr. Bhupinder Ghai, Advocate, for the petitioner (s).

Mr. Amit Kumar Goyal, Addl. AG, Punjab.

Ms. Himani Kapila, Advocate for the complainant.

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Sumeet Goel (Oral):

1. Prayer is for grant of anticipatory bail to the petitioners under Section 482 of BNSS, 2023 in criminal case having FIR No.105 dated 26.07.2024 registered under Sections 406, 420 of IPC and Section 24 of Immigration Act at Police Station Machhiwara, District Khanna, Punjab.

2. Vide order dated 04.09.2024, the petitioners were afforded the interim protection, which reads thus:

“Prayer is for grant of anticipatory bail to the petitioners under Section 482 of BNSS, 2023 in criminal case having FIR No.105 dated 26.07.2024 registered under Sections 406, 420 of IPC and Section 24 of Immigration Act at Police Station Machhiwara, District Khanna, Punjab.

Counsel for the petitioners while referring to copies of Visas (Annexure P-2 collectively) and one another document which is produced today, submits that actually Gurmeet Singh took money from complainant and one Ramanpreet Singh in order to send said Ramanpreet Singh and Sahil son of the complainant to Germany. Gurmeet Singh provided Visa of Republic of Armenia to said Ramanpreet Singh and son of complainant but failed to send them to their final destination i.e. Germany. Then petitioner No.1 lodged complaint against said Gurmeet Singh wherein the matter was settled vide Annexure P- 4. However, later on said Gurmeet Singh backtracked and it being so petitioner No.1 also failed to return the settled amount to the complainant. It is further submitted that petitioners are also a victims. Counsel for the petitioners submits that petitioners who are having no criminal history are ready to join investigation with the police. Counsel for the petitioners further submits that petitioners are also ready and willing to settle the dispute in an amicable manner.

Notice of motion.

Mr. Jasjeet Singh Dhaliwal, AAG, Punjab accepts notice on behalf of the State and on instructions from ASI Sanjeev Kumar submits that petitioners were running a travel agency and they took money from the complainant in order to send his son to Germany but they failed to do so and provided Visa only of Republic of Armenia to son of the complainant and they also refused to return the money worth Rs.9.5 lakh. However, State counsel has not disputed the fact that petitioners are having no criminal history.

Now be listed on 29.10.2024.

In the meantime, the petitioners are hereby directed to join investigation with the police and in case of arrest, they are directed to be released on interim bail by the IO/Arresting Officer to their own satisfaction till the next date of hearing. The petitioners are to abide by the conditions as envisaged under Section 438(2) of Cr.P.C. The petitioners are also directed to explore the possibility of amicable settlement, with the complainant, in the meantime.”

3. On 22.07.2025, the following order was passed:

“Learned State counsel submits that the petitioner has joined investigation, in terms of the interim protection afforded to him vide the order dated 04.09.2024, but he is not cooperating therein.

This factual position is refuted by the learned counsel for the petitioner.

Without delving into this issue, the petitioners are now directed to appear before the concerned Investigating Officer at the concerned Police Station at 11:00 A.M. on 25.07.2025, wherein, they will join investigation in terms of the order dated

04.09.2024.

Put up on 12.08.2025.

Interim order to continue.

4. Learned State counsel has filed short reply by way of affidavit of Deputy Superintendent of Police, Samrala, District Ludhiana, on behalf of the respondent-State in Court today. The same be kept on record. A copy of the same has been furnished to learned counsel for th