Punjab-Haryana High Court
Samriti vs State Of Haryana on 27 March, 2025
Author: Anoop Chitkara
Bench: Anoop Chitkara
CRM-M-43369-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-43369-2024
Reserved on: 06.03.2025
Pronounced on: 27.03.2025
Samriti ...Petitioner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Manoj Pundir, Advocate
for the petitioner.
Ms. Harpreet Kaur, AAG, Haryana.
Mr. Hritik Gupta, Advocate
for the complainant.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Station Sections
300 29.06.2024 Civil Line, Sirsa, 406/420/506/120-B IPC
District Sirsa, (Sections 467/468/471 IPC
Haryana added later on)
1. The petitioner apprehending arrest in the FIR captioned above has come up before
this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS],
seeking anticipatory bail.
2. In paragraph 21 of the bail petition, the accused declares that she has no criminal
antecedents.
3. The facts and allegations are being taken from translated version of FIR,
Annexure P-1, which reads as follows:
"To the Superintendent of Police, Sirsa. Sub- Complaint
against (a) Amanpreet, Arshpreet, Smriti, Akash and Pooja
residents of Hey Visa Immigration, SCO 60-61-62, 3rd Floor,
Bridge Market, 17-C, Chandigarh (Mobile No.96152-00078)
present address Nexusglide Overseas Consultants situated at
SCO 78-79, Third Floor, Sector 17-D, Chandigarh, India
(Mobile No.84278-42789, 83081-87081) with a prayer to
take legal action, (B) Accused have cheated the complainant
of Rs.24,60,000/- on the pretext of sending abroad. Therefore,
above said case be got enquired through some independent
agency like Economic Cell, Crime Branch, Vigilance
Department, (C) While complying with the guidelines issued
by Hon'ble Supreme Court, registered FIR in the case at the
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
CRM-M-43369-2024
earliest. Sir, the applicant respectfully submits as under: (1)
That the applicant is resident of Sector 19, H.No.692, Huda
Colony, Sirsa and is a housewife. (2) That the applicant
wanted to go abroad and do some job. For this purpose,
applicant was informed by above said accused persons that
they are getting work visa and arrange permanent job in
abroad and are performing work with full guarantee and
satisfaction. Applicant was assured by the accused that they
have already sent thousands of persons to abroad and they
would arrange work visa for the applicant as well. Accused
persons shows files of a number of persons in this regard. In
this way, applicant was entrapped by accused persons by
extending false promises. Applicant was interested to go to
Australia. Accused persons assured the applicant that they
would get her work visa very soon and everything will be
done properly and there will not be any problem. For sending
the applicant to Australia on work visa and getting her
permanent job there, accused persons demanded a total sum
of Rs.24,60,000/--Believing in good faith that the accused
persons are running their office since long and that there are
so many files in their office, applicant agreed to give them a
total sum of Rs.24,60,000/-. Applicant informed the accused
persons that she does not have this much money in her
account and therefore she will transfer Rs.19,80,000/- from
the account of her husband in their account and the
remaining amount shall be got transferred from the account
of her relative Varun son of Sh. Devdutt resident of Ludhiana.
At this, accused persons told that they are running business
under the name and style of Hey Visa Immigration and they
are having account in ICICI Bank, Branch SCO-5, Surya
Enclave, Kharar, Landran Road, Mohali 140301 account
bearing No.325605000647, IFSC Code No.ICICI0003256
and that accused Amanpreet and Arshpreet are managing the
account. Amanpreet and Arshpreet asked me to transfer the
money in the account of firm. My husband who was
accompanying with me, his name is Sumit Bhandari and my
relative Varun resident of Ludhiana was also there. In front
of both of them, the deal was finalised. My husband Sumit
Bhandari stated that he cannot transfer entire amount in
lumpsum. At this, accused Amanpreet, Arshpreet, Smriti and
Akash stated that you can transfer money in instalments. As
and when the amount would be received the file would be
processed. (3) That on the asking of accused persons, Varun
resident of Ludhiana transferred a sum of Rs.1,00,000/- into
the account of the firm through google-pay on 19.07.2023.
On 19.07.2023 itself, a sum of Rs.3,80,000/- more were
credited into the firm's account from SBI Bank. In this way,
on the asking of accused persons, a sum of Rs.4,80,000/- were
transferred in the account of firm. I am enclosing proof of the
same with this complaint as Annexure 1, 2 and 3. That there
is evidence regarding payment of Rs.1.00 lac and so far as
Rs.3,80,000/- is concerned same is reflected in credit card
bill. Even bank statement of accused firm have record in this
regard. That there are concrete evidences regarding transfer
of money into the account of accused. The same may be taken
in police possession. I am ready to furnish entire record
including credit card bills before the police as evidence. After
payment of Rs.4,80,000/- by Varun, accused Smriti and Akash
also issued a receipt i.e., Annexure-4, which is being attached
2025.03.27 14:53 with the complaint. That my husband subsequently
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
CRM-M-43369-2024
transferred funds into the account of accused firm on the
asking of accused persons on the below mentioned different
dates. Bank statement of my husband is Annexure-5. Pooja,
who is cashier told my husband that as small amounts are
being transferred, they would continue to process my visa
application case for Australian work visa. On the asking of
accused persons, my husband transferred money on the below
mentioned dates from his account. The detail is as under:-
Sr No. Date Amount
1 02.05.2023 15,000
2 08.05.2023 15,000
3 12.05.2023 4,00,000
4 15.05.2023 45,000
5 31.05.2023 15,000
6 02.06.2023 1,00,000
7 16.06.2023 1,00,000
8 21.06.2023 1,15,000
9 17.07.2023 10,000
10 17.07.2023 12,000
11 17.07.2023 1,05,000
12 19.07.2023 50,000
13 20.07.2023 2,38,000
14 20.07.2023 2,75,000
15 20.07.2023 50,000
16 25.07.2023 70,000
17 10.08.2023 25,000
18 12.08.2023 30,000
19 15.09.2023 15,000
20 19.09.2023 25,000
21 07.10.2023 50,000
22 09.10.2023 70,000
23 19.07.2023 1,00,000
cash given to Akash for opening
account in Indusind Bank, Chandigarh.
That thereafter, applicant asked the accused persons that
since they have received full amount but work visa has not
been arranged. Despite my repeated visits to their office, on
08.05.2023, accused Smriti and Akash gave me one offer
letter and also obtain my signatures. On 11.05.2023, I went to
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High Court, Sector 1, Chandigarh
CRM-M-43369-2024
the office of accused. Copy of which is Annexure 6. I enquired
about the same from my sources, then I came to know that the
said offer letter is a fake one and has not been received from
Australia, rather it was prepared by accused persons while
sitting in their office. I immediately went to the office of
accused and complained about it and told them that they have
committed fraud upon me and caused financial loss. At this,
manager of the firm, Pooja told me as you need not to bother
about offer letter, and that they have arranged job for me in
Australia and work-visa will be received within a day or two.
She asked to give time of a few days. After a few days, Pooja
cashier sent a whatsapp message on mobile of my husband
giving time of 5:09 pm on 07.06.2023. Husband of the
applicant was called on phone and informed that work visa
has been arranged and information about this has been sent
on his whatsapp and that reference to offer letter has been
posted. Copy of which is Annexure 7. After seeing offer letter
sent by Pooja, we got suspicious as there was a reference of
petrol pump in the first paragraph and in the second para,
there was reference of some college. On getting suspicious,
we got the same checked through our resources, whereby it
was found fake. Copy of which is annexed as Annexure 7 with
the complaint. After sometime, I alongwith my husband some
other relatives reached at the office of above accused
persons. Then I came to know that they have shifted their
office and after committing fraud with several other persons
they have changed their office to save themselves from legal
and police action. Despite several efforts, I could not get
information about their whereabouts. Left with no other
alternative, my husband submitted a complaint to SP Sirsa on
14.12.2023, which bears No.5385. That the accused persons
in pursuance to a criminal conspiracy and to save themselves
from police action, misled the applicant by telling their wrong
names. Applicant and her husband accepted their names as
the true ones. In this way, accused persons have cheated
/misled the applicant, her husband and other relatives so that
applicant may not take any legal action against them, in case
any complaint is made to the police. Accused persons are
very clever persons and are conniving together. In this way,
accused persons by telling their fake names and addresses
and thereafter by changing their addresses have played fraud
of crores of rupees o innocent people. Husband of the
applicant had submitted complaint dated 14.12.2023 before
SP Sirsa against the persons named therein. However even
after expiry of six months, no action has been taken on the
complaint submitted by the husband of the applicant nor the
police has recorded his statement nor the accused have been
summoned. As on date, no FIR has been registered against
accused persons. Yesterday on 20.05.2024, applicant had
gone to the office of accused persons in Chandigarh. There,
the applicant came to know that to avoid police action,
accused persons have changed their address. That presently
they are running their office under the name and style of
Nexusglide Overseas Consultant at SCO 78-79, Third Floor,
Sector 17-D, Chandigarh. A copy of which is attached as
Annexure 8 with the complaint. That while sitting in this
office, accused persons are doing business of work visa. On
seeing the applicant, accused persons intentionally went out
of the office. After this, applicant came to know that accused
2025.03.27 14:53 persons have earlier also told their wrong names. Applicant
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
CRM-M-43369-2024
came to know that names of accused are not Ankush, Nidhi
and Mansi, whereas husband of the applicant had submitted
complaint against Ankush, Nidhi and Manshi. On 20.05.2024,
applicant came to know that real names of accused persons
are Amanpreet, Arshpreet, Smriti, Akash and Pooja.
Applicant has satisfied herself in this regard. That husband of
the applicant had submitted a complaint against the accused
persons on 14.12.2023. Applicant therefore request that
complaint dated 14.12.2023 submitted by her husband may
not be taken into consideration and action may be taken
against accused persons on the basis of instant complaint
dated 22.05.2024 and on the basis of the same FIR u/ss 420,
120-B, 468, 471, 406, 506 IPC be registered against the
accused persons and investigation of the same be assigned to
some independent agency like Economic Offence Wing,
Vigilance etc., account statement of the firm of the accused be
taken into possession. Accused persons had made the
applicant to open an account in Indusind Bank, Chandigarh
in which she had deposited Rs.1.00 lac. But after that Smriti
and Pooja had obtained signatures of the applicant on blank
signed cheques and retained the cheque book with them with
the assurance that the same are in their safe custody and will
be returned on completion of work visa formalities. However,
now after repeated requests accused persons have not
returned my signed cheque book. Applicant apprehends that
accused persons may misuse the same and use the same in
some illegal activity. One cheque of Rs.3.00 lacs of husband
of the applicant drawn on Bank of Baroda is also in
possession of accused persons. It is very much necessary to
take all these cheques in possession of the police alongwith
other blank papers which were got signed by accused persons
on the pretext of getting work visa. An immediate legal action
may be taken against accused persons. Note: Annexure 1 of
Pg 1 to 8 attached with the complaint. Page No.1 to 10 bear
signatures of the applicant. Sirsa. 22.05.2024 sd/- Neetu
Mehta applicant wife of Sh. Sumit Bhandari resident of
H.No.692, Sector 19, HUDA, Sirsa, Mobile No.97282-00309.
Police Proceedings Today on receipt of above complaint of
Neetu Mehta, above mentioned FIR u/s 420, 406, 506, 120-B
IPC be registered and FIR number informed. Sd/- Rajesh,
P.S. CL SRS dated 29.06.2024. Today on receipt of the above
said complaint at the police station above said FIR has been
registered. Copy of police file alongwith original statement
being sent to ASI for further investigation. Copies of FIR
shall be sent to senior officers through post."
4. The petitioner's counsel prays for bail by imposing any stringent conditions and
contends that pre-trial incarceration would cause an irreversible injustice to the petitioner
and their family.
5. The State's as well as counsel for the complainant oppose bail and refers to the
status report.
6. It would be appropriate to refer to the following portions of the status report dated
01.03.2025, which read as follows:
"5. That as per the version of complainant, present
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
CRM-M-43369-2024
petitioner- Smriti and co-accused Pooja had obtained the
blank cheque book got signed from the complainant and
retained the cheque book with them with an assurance that
the same are in their safe custody and will be returned on
completion of work visa formality. However during the
previous enquiry, the petitioner denied for having any such
cheque book with her and she did not recover any such
record.
6. That apart from above, at the time of registration of
the accused firm (Hey visa Immigration) under GST Act, an
application was moved by the accused Amandeep &
Akashpreet and they have produced a copy of the Partnership
deed dated 06.03.2023. In the said partnership deed, the
present petitioner stood and signed as witness of the said
partnership, specifically mentioning her Unique ID no.9103-
5217-8431 and this very unique ID is mentioned in the
present petition.
7. That the petitioner involved as promoter/host of the
said Immigration business. Petitioner in order to get the
unwanted relief, has also manipulated the record of marriage
and has falsely shown herself as married to Akashdeep only
on 14.02.2024 (as stated in para no.9 of petition), while the
fact remains that as per the account status/ opening form of
M/s Hey Visa Immigration, accused Akashpreet has shown his
status as 'Married' and name of the present petitioner is very
much reflected as wife of Akashpreet. It is also submitted that
petitioner & her husband also forged a Offer letter dated
08.05.2023 (shown to have been issued by Rob French,
Principal) and same was handed over to the complainant on
11.5.2023 and obtained the signature of the complainant.
However on enquiry said letter is found forged and
fabricated, as the same is not received from any Institution in
Australia."
REASONING:
7. Petitioner is a woman and had a limited role in the fraud played upon the
complainant. Pre-trial incarceration should not be a replica of post-conviction sentencing.
The evidence might be prima facie sufficient to launch prosecution or to frame charges,
but this Court is not considering the evidence at that stage but is analyzing it for the stage
of anticipatory bail. An analysis of the above does not justify custodial interrogation or
pre-trial incarceration.
8. The investigation indicates that the petitioner is not the main accused, so the
petitioner's bail shall not be treated as a precedent for granting bail to the other co-
accused with a higher role.
9. Given the above, the penal provisions invoked coupled with the primafacie
analysis of the nature of allegations, petitioner is a woman and the other factors peculiar
to this case, there would be no justifiability for custodial interrogation or the pre-trial
incarceration at this stage. Without commenting on the case's merits, in the facts and
circumstances peculiar to this case, and for the reasons mentioned above, the petitioner
makes a case for bail.
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
CRM-M-43369-2024
10. Given above, provided the petitioner is not required in any other case, the
petitioner shall be released on anticipatory bail in the FIR captioned above subject to
furnishing bonds to the satisfaction of the Arresting Officer, and if the matter is before a
Court, then the concerned Court and due to unavailability before any nearest Ilaqa
Magistrate/duty Magistrate. Before accepting the surety, the concerned Officer/Court
must be satisfied that if the accused fails to appear, such surety can produce the accused.
11. While furnishing a personal bond, the petitioner shall mention the following
personal identification details:
1. AADHAR number
2. Passport number (If available) and when the
attesting officer/court considers it appropriate or
considers the accused a flight risk.
3. Mobile number (If available)
4. E-Mail id (If available)
12. This order is subject to the petitioner's complying with the following terms.
13. The petitioner is directed to join the investigation within seven days of uploading
this order on the official webpage of the High Court of Punjab and Haryana and as and
when called by the Investigator. The petitioner shall be in deemed custody for Section 27
of the Indian Evidence Act, 1872/ Section 23 of BSA, 2023. The petitioner shall join the
investigation as and when called by the Investigating Officer or any Superior Officer and
shall cooperate with the investigation at all further stages as required. In the event of
failure to do so, the prosecution will be open to seeking cancellation of the bail. During
the investigation, the petitioner shall not be subjected to third-degree, indecent language,
inhuman treatment, etc.
14. In case the Investigator/Officer-In-Charge of the concerned Police Station
arraigns another section of any penal offense in this FIR, and if the new section
prescribes a maximum sentence that is not greater than the sections mentioned above,
then this bail order shall be deemed to have also been passed for the newly added
section(s). However, suppose the newly inserted sections prescribe a sentence exceeding
the maximum sentence prescribed in the sections mentioned above; then, in that case, the
Investigator/Officer-In-Charge shall give the petitioner notice of a minimum of seven
days, providing an opportunity to avail the remedies available in law.
15. This bail is conditional, and the foundational condition is that if the petitioner
indulges in any non-bailable offense, the State shall file an application for cancellation
of this bail before the Sessions Court, which shall be at liberty to cancel this bail.
16. Any observation made hereinabove is neither an expression of opinion on the
case's merits nor shall the trial Court advert to these comments.
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
CRM-M-43369-2024
17. A certified copy of this order would not be needed for furnishing bonds, and any
Advocate for the Petitioner can download this order along with case status from the
official web page of this Court and attest it to be a true copy. If the attesting officer wants
to verify its authenticity, such an officer can also verify its authenticity and may
download and use the downloaded copy for attesting bonds.
18. Petition allowed in terms mentioned above. All pending applications, if any,
stand disposed of.
(ANOOP CHITKARA)
JUDGE
27.03.2025
Jyoti Sharma
Whether speaking/reasoned: Yes
Whether reportable: No.
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
