IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 11.02.2026 GURJANT SINGH HARI ...Petitioner Versus STATE OF PUNJAB AND ANOTHER ...Respondents CORAM: HON’BLE MR. JUSTICE AMAN CHAUDHARY Present : Mr. Gaurav Vir Singh Behl and Mr. Jugraj Singh Chouhan, Advocates for the petitioner.

Mr. Manipal Singh Atwal, DAG, Punjab.

Mr. Jai Bhagwan, Advocate for the complainant.

AMAN CHAUDHARY, J. (ORAL)

1. The present petition has been filed under Section 482 of BNSS for grant of anticipatory bail to the petitioner in c ase FIR No.120 dated 22.11.2024, registered at Police Station Sadar Ahmedgarh, District Malerkotla, under Sections 420 and 120-B IPC and Section 24 of the Emigration Act, 1983.

2. Learned counsel contends that the petitioner is not the main accused and the amount was received by co-accused, Balbir Singh, who has since been granted regular bail by this Court, vide order dated 07.11.2025. The petitioner was neither directly involved in arranging the visa nor in any independent dealings with the complainant’s son. The entire dispute is c ivil in nature.

Moreover, h e has returned an amount of Rs.11 lakh, and as such, prays for grant of anticipatory bail.

3. On the other hand, learned State counsel assisted by learned counsel for the complainant submits that there are specific allegations against the petitioner of having received Rs.19,64,926/- alongwith co-accused, at his own travel agency at Malerkotla, namely, “Khalsa Global”, situated near Jarg Chowk. He also executed a notarized affidavit dated 27.07.2023 acknowledging receipt of Rs.18 lakh and undertaking either to send Tinkush to New Zealand or to refund the amount, however, the latter was not sent abroad and forged and fabricated documents, including fake visa, air tickets and hotel bookings, were provided by him to mislead the complainant. Challan has been presented against a co-accused, who was granted regular bail. He states that thorough investigation still needs to be conducted for which, custodial interrogation of the petitioner is required.

4. Heard.

5. It would be apposite to refer to para 9 of short reply by way of affidavit of the Deputy Superintendent of Police, Sub Division Ahmedgarh, District Malerkotla, dated 06.11.2025, which reads thus:

“9. Role of the Petitioner :

The petitioner Gurjant Singh Hari was the principal and active participant in the commission of the present offence, having masterminded a fraudulent scheme under the pretext of sending the complainant's son Tinkush Verma to New Zealand for employment. Gurjant Singh, son of Hari Singh, resident of village Bhulapur, District Malerkotla, introduced himself to the complainant Ramesh Kumar of village Bhurthala Mandair as a person engaged in the business of sending youths abroad and claimed to be running a travel agency named "Khalsa Global" situated near Jarg Chowk, Malerkotla , exploiting the trust a nd acquaintance between the families, Gurjant Singh, along with his co-accused Balvir Singh and Sunita Rani, deceitfully represented that they could arrange a genuine visa and employment for Tinkush in New Zealand. Believing their false assurances, the complainant transferred several amounts to Gurjant Singh's HDFC Bank Account No. 50100125806421 - Rs.50,005/- and Rs.49,905/-on 14.12.2022, Rs.1,10,011/-on 30.12.2022, and Rs.1,00,005/-on 03.02.2023 - besides issuing a cheque of ₹1,55,000/- to Sunita Rani's Axis Bank Account No.922010029742211 on 16.03.2023, and further paid Rs.15,00,000/- in cash at the office of Gurjant Singh and Balvir Singh at Malerkotla, making a total of about Rs.19,64,926/-. Despite receiving the full payment, Gurjant Singh failed to send Tinkush abroad and instead provided forged and fabricated documents, including fake visas, air tickets, and hotel bookings, to mislead the complainant. Later, he executed a notarized affidavit dated 27.07.2023 (Certificate No. IN-PB23286353831973V) before Notary Vishva Jyoti Rikhi, Malerkotla, acknowledging the receipt of ₹18,00,000/-