IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 06.02.2026 Ajay Kumar Padha ......Petitioner Versus State of Punjab .....Respondent CORAM: HON'BLE MS. JUSTICE AARADHNA SAWHNEY Present: Mr. S.S. Majitha, Advocate for the petitioner.

(through V.C)

Mr. Gautam Thapar, Sr. DAG, Punjab.

AARADHNA SAWHNEY , J (ORAL)

1. Prayer in the instant petition filed under Section 482 of BNSS is for grant of anticipatory bail in case FIR No.78 dated 09.09.2023 under Sections

407,120-B IPC registered at P.S Chabbewal, District Hoshiarpur.

2. Relevant facts as emerging from the documents on record be noticed hereinbelow:

Rakesh Kumar, a commission agent having his own firm under the name and style of R.K. Traders at Sabji Mandi, Jian Chabbewal, District Hoshiarpur set the criminal law in motion by filing a complaint pointing therein that on 26.11.2022, he received an order from Suresh Kumar and Brothers Bagru State Rajasthan for sending 316 bags of green peas weighing about 123 quintals and 42 killos. This consignment was to be sent to Asanlon West Bengal vide bilty No.956. Complainant alleged that Ajay Kumar Padha, who was running transport Company at Kapurthala sent a truck bearing registration No.UP12-BT-8980 along with driver Sonu and owner of the truck namely Noman son of Meer Hasan. Truck did not reach its destination till the filing of the complaint. Inquiries at his own level revealed that Ajay Kumar Padha, Noman-owner of the truck and Sonu, who was deputed as driver in conspiracy with each other had sold the peas resulting in loss to him (complainant) to the tune of Rs.5,52,709/- apart from the loss of Rs.25000/- that had been paid by him for getting fuel filled in the truck. Complainant also pointed out that though he contacted accused on several occasions but they failed to give any satisfactory reply. Rather, now they are threatening to falsely implicate not only him but also the purchasers namely Mukesh and Brothers. They have refused to pay for the loss. On the receipt of complaint, the matter was inquired into. Finding substance in the allegations levelled and after seeking opinion of the District Attorney (Legal), aforesaid FIR was registered.

Apprehending his arrest, present petitioner moved an application for grant of pre-arrest bail. Same came to be dismissed by the learned Addl. Sessions Judge, Hoshiarpur vide order dated 19.11.2025. Aggrieved of which present petition has been filed.

3. Learned counsel for the petitioner contends that the petitioner, a person with absolutely clean antecedents has been falsely implicated in the present case. He has absolutely no role to play in the entire incident, he being neither the owner nor the driver of the truck on which 123 qtls & 42 kg green peas were loaded by the complainant to be sent to Asanlon, West Bengal. It is further the submission of learned counsel that though the incident took place on 26.11.2022, the factum of truck not having reached at the disclosed place came to the notice of the complainant on 28.11.2022 but for reasons best known, the complaint was moved on 17.12.2022 i.e after 20 days. This intervening period was misused by

MANOJ KUMtAhRe complainant to concoct the facts to suit his convenience. In any case,

petitioner is not in any way connected/involved with the incident, thus his custodial interrogation is not required as nothing is to be recovered from him.

Prayer for allowing the petitioner has been made.

4. Per contra, while opposing the request for grant of pre-arrest bail, learned State counsel referred to status report filed by way of affidavit of Palwinder Singh, DSP, Sub-Division Chabbewal, District Hoshiarpur wherein the role of the petitioner has been highlighted. As per the prosecution, the petitioner had sent Truck No. UP12-BT-8980 along with its driver Sonu and owner Noman to complainant. In the said Truck, the consignment was sent which was supposed to reach Asanlon, West Bengal on 28.12.2022. Truck did not reach at the destination. It als