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2025 Supreme(Online)(P&H) 20637

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS SHARMA – Appellant
Versus
STATE OF PUNJAB – Respondent



216 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on: 12.11.2025 Vikas Sharma …... Petitioner Versus State of Punjab …...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Ms. Roja Agnihotri, Advocate for the petitioner.

Mr. Vinay Malhotra, DAG, Punjab.

****

SANJAY VASHISTH, J.

1. Present petition has been filed under Section 482 of BNSS, 2023 (earlier treated as Section 438 Cr.PC, 1973) praying for grant of anticipatory bail to the petitioner in case bearing FIR No.196 dated 21.10.2024 registered under Sections 420, 467, 468, 471, 120-B IPC at Police Station Civil Lines, Patiala.

2. On 08.08.2025, this Court passed the following order:

“1. Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.PC.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder-

Name & age of petitioner FIR No. Date Sections Police Station District
Vikas Sharma aged about 30 years 196 21.10.2024 420, 467, 468, 471, 120-B IPC Civil Lines Patiala

2. Learned counsel for the petitioner, inter alia, submits that prosecution's case is based on the FIR registered at the instance of complainant, namely Nigam Sidhu, wherein, apart from the petitioner, two other accused, namely, Sachin Kumar and Karna Taneja, were implicated.

As per the FIR, complainant's Aadhaar card and PAN card were allegedly misused by some unknown persons to obtain a bank loan in his name. Pursuant to the complaint filed by Nigam Sidhu, a preliminary investigation was conducted, which revealed that loan account was opened in the name of complainant. The loan account was purportedly opened on the basis of telephonic instructions given by one 'Amrit Gir', who was later found to be none other than co-accused Sachin Kumar.

3. Counsel for the petitioner further contends that petitioner has been falsely implicated and made a scapegoat in the alleged fraud, despite having no connection with the complainant. In contrast, co-accused Sachin Kumar is known to be acquainted with the complainant. It is further submitted that the entire scheme may have been orchestrated by co-accused Sachin Kumar, who not only secured the loan but also allegedly installed an air conditioner at his own premises. It is specifically clarified that no such installation was ever carried out at the petitioner's premises. Moreover, petitioner is ready to join the investigation and fully cooperate, if protected from arrest by this Court. Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case.

4. Notice of motion.

5. On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab, puts in appearance on behalf of the respondent State, and seeks some time to file status report in the matter.

6. Adjourned to 12.11.2025.

7. In the meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).

8. Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.

It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court.”

4. Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 08.08.2025, passed by this Court, petitioner has joined the investigation, and has fully co-operated. Therefore, he prays for confirmation of the said interim anticipatory bail order. 5. Learned State counsel on instructions submits tha

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