[Cites 4, Cited by 0]
Punjab-Haryana High Court
Jagjeet Singh Alias Niku vs State Of Punjab on 19 March, 2026
CRM-M-63966-2025 1
107
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-63966-2025
DECIDED ON: 19.03.2026
JAGJEET SINGH ALIAS NIKU .....PETITIONER
VERSUS
STATE OF PUNJAB AND ANR .....RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH.
Present: Mr. Atul Ravish, Advocate,
for the petitioner.
Mr. Neeraj Madaan, Sr. DAG, Punjab.
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 hereunder:-
Name & age FIR No. Date Section(s) Police District
of Petitioner Station
(s)
Jagjeet 16 06.02.2024 406, 420, 120-B Division Ludhiana
Singh alias of IPC No.8
Niku, aged
about 43
years
2. After hearing the submissions addressed by counsel for the
petitioner, on 18.11.2025, following order was passed by this Court:-
"2. On oral request made by counsel for the
petitioner, complainant namely Harwant Singh, son of
Jaswant Singh, resident of H.No.1, Humlog Enclave,
Hambran Road, Ayali Khurd, Ludhiana, (mobile
No.98159-43690), is hereby 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 three days from today, without moving any
separate application.
3. Learned counsel for the petitioner inter
alia, contends, that it is an admitted fact that an
amount of Rs.8 lacs was transferred by the
complainant to bank account No.921010012077107,
Axis Bank, IFSC Code UTIB0003628, which belongs
to the petitioner, for the purpose of sending
complainant's daughter abroad.
4. It is argued that petitioner has never met
the complainant, and it was co-accused Amit Kumar
Ahuja who may have instructed the complainant to
deposit the said amount in the petitioner's bank
account. The amount received was subsequently
diverted to the accounts of other co-accused, and
therefore, petitioner cannot be held responsible merely
on the basis of the deposit.
It is further submitted that petitioner is
willing to join the investigation and fully cooperate,
provided he is granted protection from arrest. Thus,
counsel prays for grant of anticipatory bail to the
petitioner in the present case.
5. Notice of motion.
6. On advance notice, Mr. Kanwar Sanjiv
Kumar, AAG, Haryana, puts in appearance on behalf
of the respondent - State, and seeks some time to file
status report in the matter.
7. Adjourned to 10.12.2025.
8. Let respondent No.2 be served through
dasti process, for the next date of hearing fixed before
this Court.
9. Reply(s), if any, be filed by counsel for
the respondents, on or before the next date of
hearing."
3. Relying upon the bank account statements appended with
the present petition as Annexure P-2, pertaining to the petitioner's bank
account bearing No.921010012077107 for the period from 01.11.2021 to
30.11.2021, maintained with Axis Bank, Karnal, learned counsel for the
petitioner contends that the account reflects numerous transactions
indicating both inflow and outflow of funds.
It is argued that even if the allegation regarding the deposit
of Rs.8 lakhs in the petitioner's bank account is assumed to be correct,
after a lapse of nearly three years, it cannot be conclusively inferred that
the said amount was deposited by the complainant for the purpose of
sending his daughter abroad. It is further submitted that the alleged bank
transactions pertain to November 2021, whereas FIR in question came to
be registered on 06.02.2024.
4. On this basis, learned counsel submits that there is an
inordinate and unexplained delay in the registration of FIR, thereby
raising a reasonable apprehension of embellishment or concoction of the
prosecution version. It is also submitted that petitioner is willing to join
the investigation and extend full cooperation, in case, he is granted
protection from arrest by this Court. Thus, prayer has been made for the
grant of anticipatory bail to the petitioner in the present case.
5. Per contra, learned State counsel, while opposing the prayer
for anticipatory bail, submits that such offences are on the rise in the
State of Punjab, where innocent persons are being defrauded on false
pretexts. It is, therefore, contended that petitioner does not deserve the
concession of anticipatory bail.
6. This Court has heard the submissions advanced by learned
counsel for the parties and has perused the record available on file.
7. Prima facie, the argument advanced by learned counsel for
the petitioner appears to carry weight. FIR has been registered in
February 2024, whereas the alleged bank transactions have taken place in
November, 2021. In the absence of any written agreement or
contemporaneous document, no definitive conclusion can be drawn, at
this stage, that the amount in question was deposited by the complainant
in the petitioner's account for the purpose of facilitating the travel of his
daughter abroad, as alleged in the FIR.
8. Accordingly, this Court deems it appropriate to dispose of
the present petition, with a direction to the petitioner to join the
investigation within two weeks from today, or as and when called by the
investigating agency, and in the eventuality of the arrest, petitioner would
be released on anticipatory bail, subject to his 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.).
9. 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.
10. With the directions passed here above, present petition
stands disposed of.
(SANJAY VASHISTH)
19.03.2026 JUDGE
Lavisha
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
