IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 09.02.2026 RACHPAL KAUR @ RACHHPAL KAUR ... Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Abdul Aziz, Advocate for the petitioner Ms. Sakshi Bakshi, AAG, Punjab Mr. Damanjit Singh Sandhu, Advocate for the complainant **** (cid:1)

MANISHA BATRA, J. (ORAL)

1. The instant petition has been filed by the petitioner under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of anticipatory bail in case arising out of FIR No.132 dated 20.10.2025 registered under Sections 420 and 406 of IPC at Police Station Raikot, District Ludhiana.

2. The aforementioned FIR has been registered on the basis of written complaint filed by the complainant Kuljit Singh alleging that his son Harmanjot Singh was married with one Jashanjot Kaur daughter of the present petitioner on 30.03.2019. It was agreed that Jashanjot Kaur had cleared IELTS exam and she would be sent to Canada and all the expenses would be borne by Harmanjot Singh. It was also agreed that son of the complainant would also be settling abroad with the daughter of the petitioner. An amount of Rs.75 lakhs had been spent by the family of the complainant for the purpose of making arrangements for issuance of study visa for Jashanjot Kaur and settling her abroad. She had gone to Canada on 17.07.2018 and marriage had taken place in March, 2019, when she had come back for short duration. She went back in April, 2019. Thereafter, she kept on asking for sending money by the complainant, his family and did not sent the requisite documents for applying for issuance of the visa by the son of the complainant. In connivance with the present petitioner and other family members, Jashanjot Kaur duped the complainant of his money with an intent to cheat him and not settle his son abroad with her. It is alleged that the petitioner actively connived with her daughter and other family members. The complainant prayed for taking action in the matter. After registration of FIR, investigation proceedings have been initiated and are underway. Apprehending her arrest, the petitioner filed an application for grant of anticipatory bail, which has been dismissed by the Court of learned Additional Sessions Judge, Ludhiana vide order dated 03.12.2025.

3. It is argued by learned counsel for the petitioner that she has been falsely implicated in this case. The ingredients for commission of offences of cheating and criminal breach of trust have not been attracted at all against her. In fact, the complainant himself had told the petitioner and her daughter to let her daughter continue study in the college in Canada as it was clear that no spouse visa was being issued at the relevant time. The spouse visa as applied for by the son of the complainant previously had already been rejected. It was approved subsequently. The son of the complainant had even left for Canada on

07.07.2024. However, it was on account of matrimonial discord between the son of the complainant and daughter of the petitioner that the former had returned back to India and there is no material to show that the petitioner or her family members had any dishonest intention since the very beginning to not take the son of the complainant to abroad. No money whatsoever had been transferred in the bank account of the petitioner. She is not the beneficiary of any transaction. She is ready to join investigation. Her custodial interrogation is not required. No recovery is to be effected from her. It is, therefore, argued that the petition deserves to be allowed.

4. Status report has been filed. Learned State counsel assisted by learned counsel for the complainant has argued that there are serious allegations against the petitioner and the co-accused. The daughter of the petitioner is involved in some other relationship. The intention of the petitioner and her family members was not bona fide since the very inc