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2025 Supreme(Online)(P&H) 28127

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SHAKTI SINGH – Appellant
Versus
STATE OF HARYANA – Respondent



IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 12th February, 2026 Shakti Singh ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. V.D. Sharma, Advocate with Mr. Vishesh Sharma, Advocate for the petitioner.

Mr. Aditya Pal Singla, Assistant Advocate General, Haryana.

***

MANISHA BATRA, J (ORAL):-

The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking grant of regular bail in case bearing FIR No. 359 dated 09.08.2024 registered under Sections 406, 420, 467 and 468 of IPC (Section 120-B and 506 of IPC and Section 24 of Immigration Act were added later on) at Police Station Gohana City, District Sonipat.

2. The aforementioned FIR was registered on the basis of a written complaint submitted by the complainant Raj Singh alleging that he was willing to settle in Australia. Petitioner Shakti Singh @ Monu and co-accused Vikas, who had been acquainted with him, had told him that their cousin Deepak Sheoran was involved in the business of sending people abroad and he could help them. The petitioner had also represented to him that his relative was posted on a high post and he could get visa issued easily. They induced him to part with a sum of Rs. 22,60,000/- on the pretext of sending him abroad. However, they got prepared a fake and fabricated visa and gave a photocopy of the same to him by asking him to book a ticket for Australia. However, the complainant came to know about the fakeness of that visa. He was extended threats by the above-named accused. After registration of FIR, investigation proceedings were initiated. The petitioner was arrested on 19.11.2024. On his disclosure statement, the accused Vipan Sharma, was nominated as such.

Investigation now stands completed.

3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. In fact, he himself is a victim of fraud played by the Planet Visa Solution and has filed a complaint with the police in this regard. He has also given an amount of Rs. 20,00,000/- from his own savings to the above mentioned agency along with the amount of money given by the complainant. Fraud had been played upon him also. He is in custody since 19.11.2024. The subject offences are triable by Magistrate. His further incarceration would not serve any useful purpose. There are no chances of conclusion of trial in near future as only 02 out of 16 prosecution witnesses have been examined so far. He is on bail in other cases registered against him. Co-accused has been extended benefit of bail. on parity, he too deserves to be released on bail. He has permanent abode. He is ready to abide by the terms and conditions imposed by him. It is, therefore, argued that the petition deserves to be allowed.

4. Status report has been filed by respondent-State. Learned State counsel has vehemently argued that the petitioner was one of the main culprits who had induced the complainant to part with a huge amount of money on the pretext of sending him abroad and who in connivance with the other co- accused had got prepared fake and fabricated visa and had given a copy of the same to the complainant. There are chances of his committing similar offences or intimidating the witnesses, if extended benefit of bail. It is, therefore, argued that the petition does not deserve to be allowed.

5. This Court has heard learned counsel for the parties at considerable length.

6. The petitioner by hatching a conspiracy with the co-accused is alleged to have caused wrongful loss to the tune of Rs. 22,60,000/- to the complainant by inducing him to the part with the same on the premise of sending the complainant abroad. Though the allegations make out a prima facie case for commission of subject offences as against the petitioner, however, he has been in continuous custody since 19.11.2024. There are no chances of conclusion of trial in near

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