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Judgment
SANJAY VASHISTH, J. (Oral)
This petition has been filed under Section 482 of BNSS, 2023 (earlier Section 438 Cr.P.C.), 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 petitioner | FIR No. | Date | Section(s) | Police Station | District |
|---|---|---|---|---|---|
| Kamaljit Singh (33 years) | 151 | 25.07.2026 | 318(4) and 351(1) of BNS, 2023. | Sadar Patiala | Patiala |
Complainant-Ranjit Singh moved complaint dated 30.01.2026 and thereupon the impugned FIR was registered on 25.07.2026 with the following allegations:-
"I am running a shop of shuttering. That due to the relationship of the said Kamaljit Singh in our village Kauli, I had come into contact with Kamaljit Singh and Jasvir Singh and Kamaljit Singh often used to meet me when he came to village Kauli and used to tell me that he is in the business of sending persons abroad and he has sent many young boys and girls abroad and set them up. You also send your son abroad to UK. I will get your son settled. That in month of June 2024 Kamaljit Singh and his father Jasvir Singh came to my village Kauli and Kamaljit Singh started telling me that now UK visas are being applied, you get your son's file applied, your son will get a visa within 3/4 months. The said Kamaljit Singh repeatedly assured me that he would settle my son abraad in UK, for which I said yes and the said Lovepreet Singh had told me the cost of Rs. 20 lakhs for sending my son abroad to UK and had said that I will take this amount from you in installments. As your work progresses, you will keep making payments. I believed him and I had given the photocopies of my son's passport and other documents to the said Kamaljit Singh in the presence of my friend Kulwinder Singh and Kamaljit Singh had given me his Kotak Mahindra account number 541293490 and had asked me to deposit Rs 1,40,000/- in this account. After which I had arranged the money and deposited Rs. 1,40,000/- from my Punjab National Bank branch Patiala Road, Rajpura Town, Rajpura on 29-09-2024 and on 19-12-2024 transferred Rs. 10,000/- to the said account of Kamaljit Singh through Google Pay and then after a few days the said Kamaljit Singh and Jasvir Singh demanded Rs. 6,00,000/- from me, so I had also transferred this amount to the said account of Kamaljit Singh on 19-12-2024 and thereupon on the request of the said Kamaljit Singh and Jasvir Singh I had transferred Rs.41,650/- on 24-12-2024 and on 29-1-2025 paid through Google Pay.50,000/- Rupees and on 13-01-2025 Rs.24,600/-Rupees were transferred to the account of Kamaljit Singh. I was told that your son's visa has been issued, your son's air ticket and passport have to be taken, you pay Rs. 7 lakh more, then I had transferred Rs. 7,00,000/-Rupees to the account of the said Kamaljit Singh on 18-01-2025. And then he sent me an air ticket. In this way, I had transferred a total of Rs. 15,66,250/- to the account of the said Kamaljit Singh, but Kamaljit Singh and Jasvir Singh did not get the UK visa of my son and I checked the air ticket sent by the said Kamaljit Singh on my WhatsApp and found that this air ticket is fake. After which I asked the said Kamaljit Singh and Jasvir Singh to return my son's passport and money, the said Kamaljit Singh and Jasvir Singh returned my son's passport on my repeated requests but did not return my money and have been evading from paying the money and now Kamaljit Singh and Jasvir Singh have clearly refused and are saying that if you come to our village, we will shoot you. You cannot harm us, our reach is very high. That the said Kamaljit Singh and Jasvir Singh have cheated me of Rs. 15,66,250/- on the pretext of sending my son Lovepreet Singh abroad to UK and are now threatening me. Therefore, it is requested by submitting an application that appropriate legal action should be taken against the said Kamaljit Singh and Jasvir Singh for cheating me of Rs.15,66,250/- on the pretext of sending my son Lovepreet Singh abroad to UK and threatening me and my money should be returned. I will be very grateful to you. Ranjit Singh son of Malkit Singh resident of Village Kauli Tehsil and District Patiala Phone No.8427393019 SD/- RANJEET SINGH, Date: 30-01-2026. 30-01-2026."
After hearing counsel for the petitioner, following was recorded on 26.08.2026:-
"1.xxx
2.xxx
3.Learned counsel for the petitioner argues that as per the allegations, complainant is defrauded with an amount of Rs.15,66,250/- which was transferred to the account of petitioner – Kamaljit Singh. He further argues that petitioner is merely agriculturist, having no licence for sending the persons abroad nor any CRM-M-47772-2026 -3- such office is run by him. In fact, petitioner and complainant – Ranjit Singh are closely related to each other, as in the year 2014, petitioner was married to Sandeep Kaur d/o Bhupinder Singh, who is real brother of the complainant. Since both were well aware of the working, there was no reason for the complainant to pay the alleged amount to the petitioner.
He further argues that petitioner used to sell the crops in the area of Rajpura through the complainant in the present case, who after collecting the money for the crops from the commission agent, used to deposit the same from his bank at Rajpura, in the account of the petitioner.
4.In this regard, J form were also issued and one of the form dated 07.11.2023 to 09.11.2024 have been appended with the present petition also as Annexure P-2.
5.Against Amandeep Singh another brother of complainant and cousin of the petitioner's wife, one civil suit of recovery of Rs. 5,11,012/- was pending. Therefore, to pressurize the petitioner with the background detailed by the petitioner here above, false case is got registered against the petitioner.
Today learned State counsel places on record several call details having been dialled and received from petitioner's Mobile No.9200310001, which is recorded by the complainant with the name of Kaval Sandeep Barnala.
Learned counsel for the complainant points out that apart from the present case, there are other cases of similar nature also registered against the petitioner.
The call details prima facie establishes the allegations as the money is being demanded on the assurance given for release of Passport etc. The police clearance certificate prepared in June, 2024 also is forwarded by the complainant to the petitioner on 24.10.2024. If the complete details are gone through, allegation is found to have substance, whereas the defence explained by the petitioner is not so convincing.
In view of all this, it is not a fit case for grant of anticipatory bail to the petitioner. The petition is accordingly dismissed.
Pending application(s), if any, also stand disposed of accordingly.
