Citation : 2026 Latest Caselaw 3692 P&H
Judgement Date : 23 April, 2026
CRM-M-17868-2026 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
207
CRM-M-17868-2026
Decided on : 23.04.2026
Amarjeet Singh . . . Petitioner(s)
Versus
State of Haryana . . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
PRESENT: Mr. Shubham Goyal, Advocate
for the petitioner(s).
Mr. P.K. Jhanda, Sr. DAG, Haryana.
****
SANJAY VASHISTH, J. (Oral)
1. Prayer in this petition, filed under Section 482 of the BNSS,
2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the
petitioner, who has been booked in a criminal case arising out of First
Information Report, as detailed here-under:-
Name of FIR Date Section(s) Police District
Petitioner (s) No. Station
Amarjeet Singh, 136 05.09.2025 S. 316(2) and 318(4) of Shehzadpur Ambala
aged about 62 BNS, 2023 and
years S. 238 of BNS, 2023 (added
later on)
(Corresponding Sections
406, 420, 506 & 201 of
IPC)
2. In the present case, on 02.04.2026, following order was passed
by this Court:-
"2. Complainants - Rinku Kumar and Mukesh Kumar got registered the FIR in question, which reads as under:-
"We, Rinku Kumar son that we of Shri Jarnail Singh, Mukesh Kumar son of Shri Ram Gopal, are residents of Village Kakad Majra, Tehsil Narayangarh. District Ambala and we gave the aforementioned Neeraj Kumar (Mo. No. 9468072146) for the purpose of going to the country of Romania on date 11.06.2024, a cheque of 1,00,000/- (One Lakh Rupees) and 50,000/- (Fifty
Thousand Rupees) in cash. A total of Rs. 1,50,000/- (One Lakh Fifty Thousand Rupees) was given and our talk with Neeraj- Kumar was for Rs. 3,80,000/- (Three Lakh Eighty Thousand Rupees) per person to be sent abroad. Rs. 1,50,000/- (One Lakh Fifty Thousand Rupees) was given by us. Rs. 75,000/- (Seventy Five Thousand Rupees) per person and the remaining balance was settled to be given after reaching abroad. That till date, he has not taken any action to send us abroad. When we ask for our money back, he continuously practices evasion and is giving false promises. Now he is giving us threats that if we ask for the money back then he will kill us. He does not even pick up our phone and he talks or messages only on WhatsApp and we are ready to share the information, regarding the conversation that took place with this Neeraj Kumar on WhatsApp. The original passport of Rinku Kumar and Mukesh Kumar, and the original certificate of 10th class of Rinku Kumar are also with Neeraj Kumar and he is not returning our documents either. I am attaching the bank statement of the account from which the money was deducted. Our meeting with him took place in May 2024. He had said that he would send us to Romania, if for some reason he could not send us to Romania, then he would send us to Russia. But he has not sent us to Russia either. It is requested to you to please take legal action against him and get our money returned from him. Thanking you."
3. Counsel for the petitioner submits that dispute primarily pertains to an amount of Rs.1,50,000/-. It is further contended that allegations against the accused are limited to the taking of original passport of the complainants-Rinku Kumar, and Mukesh Kumar, as well as the original matriculation certificates of Rinku Kumar.
It is submitted that petitioner is ready to join the investigation and fully cooperate, if protected from arrest by this Court. Thus, counsel prays for grant of concession of anticipatory bail to the petitioner in the present case.
4. Notice of motion.
5. On advance notice, Mr. Parveen Kumar Goyal, Addl. AG, Haryana, puts in appearance on behalf of the respondent - State, and seeks some time to file status report in the matter.
6. Adjourned to 23.04.2026.
7. Meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).
8. Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.
It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court."
3. Continuing his submissions, learned counsel for the petitioner
contends that, in compliance with the order dated 02.04.2026 passed by this
Court, the petitioner has joined the investigation and has fully cooperated
with the Investigating Agency. Therefore, prayer has been made for
confirmation of the said interim anticipatory bail order.
4. Learned State counsel, on instructions, confirms the aforesaid
averment made by learned counsel for the petitioner regarding joining of
investigation by the petitioner and submits that, as of now, custodial
interrogation of the petitioner is not required for the purpose of
investigation.
He, however, submits that the petitioner has not handed over his
passport.
5. Heard learned counsel for the parties.
6. Considering the submissions recorded in the order dated
02.04.2026 and keeping in view the fact that the petitioner has neither
handed over his passport nor submitted any affidavit in this regard to the
Investigating Agency/Investigating Officer, in terms of the said order, this
Court does not deem it appropriate to allow the instant petition in absolute
terms.
However, since the petitioner has already joined the
investigation and his custodial interrogation is no more required, the ad-
interim bail order dated 02.04.2026 passed by this Court is hereby made
absolute.
The same, however, shall remain subject to the petitioner
submitting his passport before the Investigating Agency/Investigating
Officer within a period of one week from today. In case he does not possess
any passport, he shall file an affidavit to that effect before the Investigating
Agency/Investigating Officer within the aforesaid period.
Besides above, petitioner shall continue to join the investigation
as and when required to do so and shall abide by all the terms and conditions
laid down under Section 482(2) of BNSS, 2023.
7. Accordingly, with the aforesaid condition(s), instant petition
stands disposed of.
8. However, present order would be subject to the submission of
passport of the petitioner to the Investigating Agency or to Court concerned,
if he possesses, within a period of one week from today. Otherwise, he
would submit an affidavit, disclosing the fact that he does not possess any
passport.
It is clarified that in case, aforesaid condition is not complied
with, this order would be considered as non est automatically.
Pending misc. application(s), if any, also stand disposed of.
(SANJAY VASHISTH) JUDGE April 23, 2026 J.Ram
Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No
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