Citation : 2026 Latest Caselaw 748 P&H
Judgement Date : 29 January, 2026
CRM-M-55637-2024 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
101
CRM-M-55637-2024
Decided on: 29.01.2026
Pushpinder Kaur
......Petitioner
Versus
State of Punjab
......Respondent
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
Present: Mr. L.S. Sekhon, Advocate for the petitioner.
Mr. Neeraj Madaan, Sr. DAG, Punjab.
****
SANJAY VASHISTH, J.
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 hereunder:-
Name & age of FIR Date Section(s) Police District Petitioner (s) No. Station Pushpinder 172 10.10.2024 420 IPC City-II Mansa Kaur
2. On 08.10.2025, following order was passed:-
"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 hereunder:-
Name & age FIR Date Section(s) Police District of Petitioner No. Station
(s)
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Pushpinder 172 10.10. 420 IPC City-II Mansa Kaur 2024
2. On oral request made by counsel for the petitioner, complainant namely Gurtej, son of Gurmail Singh, resident of Village Kotli Kalan, District Mansa, is ordered to be impleaded as respondent No.2. Let amended memo of parties be filed by counsel for the petitioner in the Registry, within a period of two days from today, without moving any separate application.
3. As per the allegations in the FIR, complainant, Gurtej, was allegedly duped of an amount of Rs.13,89,000/- by the petitioner on the pretext of sending him abroad, specifically to USA. It is claimed that an amount of Rs.6,50,000/- was paid on 12.12.2023, and a further amount of Rs.6,50,000/- was transferred to the bank account of co-accused Ajay Kumar, resident of Delhi.
Despite these payments, no arrangements were made to facilitate the complainant's travel abroad, nor was the amount returned, giving rise to the present case against the petitioner.
4. Learned counsel for the petitioner contends that no money was ever deposited with or received by the petitioner and the allegations are false and concocted. It is further argued that FIR has been lodged after an inordinate and unexplained delay, and there exists no written agreement between the complainant and petitioner in relation to the alleged transaction. Further submits that vide order dated 15.01.2025, petitioner expressed willingness to amicably resolve the dispute by refunding the amount, subject to verification that such funds were in fact credited to him or his bank account. It is also pointed out that the offences alleged are triable by the Court of learned Magistrate and petitioner is willing to cooperate with the investigating agency, provided he is granted protection from arrest by this Court.
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5. As per the status report dated 17.07.2025, filed by the respondent/State and already annexed with the present petition, petitioner does not possess any immigration license issued by the office of Deputy Commissioner-cum- Licensing Authority, Mansa. However, petitioner is found to be maintaining multiple bank accounts, i.e. (i) Central Bank of India, Branch Mansa; (ii) HDFC Bank, Branch Mansa; (iii) Mansa Central Co-operative Bank, Branch Mansa; (iv) Punjab National Bank, Branch Water Works Road, Mansa; (v) State Bank of India, Branch Mansa; and
(vi) Punjab National Bank, Branch Tinkoni, Mansa, all of which have been frozen by the Investigating Officer.
6. Learned counsel for the petitioner further submits that dispute with respondent No.2/complainant has been amicably settled in its entirety, and the agreed payment has also been made to the complainant. In light of the settlement, it is prayed that petitioner be granted the concession of anticipatory bail in the present case.
7. On the other hand, counsel for respondent No.2/complainant confirms the factum of settlement between the parties and submits that the settled amount of Rs.4,00,000/- has been duly received by the complainant.
8. List again on 10.12.2025.
9. Meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of her arrest, the petitioner shall be released on ad-interim bail, subject to her furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).
10. Besides, it is directed that petitioner would hand over her passport to the Investigating Agency or to Court concerned, if she possesses. Otherwise, would submit an
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affidavit, disclosing the fact that she 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. "
Since petitioner had not joined the investigation, he was
once again directed, vide order dated 10.12.2025, to join the investigation
in terms of the order dated 08.10.2025.
3. Continuing his submissions, learned counsel for the
petitioner contends that in compliance with the order dated 08.10.2025
passed by this Court, petitioner has joined the investigation and has
extended full cooperation. Therefore, he prays for confirmation of the
said interim anticipatory bail order.
4. Learned State counsel, on instructions from ASI Darshan
Singh, submits that although the petitioner joined the investigation on
28.01.2026, she has failed to submit her passport.
5. Learned counsel for the complainant submits that he has no
objection if the prayer made in the present petition is allowed, as the
petitioner has already made the agreed payment after the filing of the
instant petition.
6. Heard learned counsel for the parties.
7. In view of the stand taken by the respondents and the fact
that the petitioner has already joined the investigation, and custodial
interrogation is no longer required, the ad-interim bail order dated
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08.10.2025 passed by this Court is hereby made absolute. Accordingly,
the present petition is allowed.
8. However, the petitioner shall continue to join the
investigation as and when required by the Investigating Officer and shall
abide by all the terms and conditions laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023).
9. Accordingly, petition stands disposed of.
(SANJAY VASHISTH) JUDGE 29.01.2026 Rashmi Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO
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