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Judgment
Jasjit Singh Bedi, J.
The prayer in this 2nd petition under Section 483 of BNSS, 2023 is for the grant of regular bail in case bearing FIR No.43 dated 10.04.2025 registered under Sections 406, 420, 120-B IPC (Sections 316, 318(4), 61 of BNS, 2023) (challan presented only in Sections 420, 120-B IPC) at Police Station Central Sector 17, Chandigarh.
The present FIR came to be registered at the instance of Nikki Begum and Gani Mohd. and the same reads as under:-
“To, Hon’ble Senior Superintendent of Police, Chandigarh. Subject: Complaint for taking legal action against: (1) Ravinder Singh, Prop. M/s BB Council, Sector 17, Block-D, SCO 69, Chandigarh. M.9878471008. (2) Arti, M.9815291008, Prop. M/s BB Council, Sector 17, Block-D, SCO 69, Chandigarh for deceiving me in order to send my daughter abroad, namely Baggo Bibi to the tune of Rs.5,57,000/-. Sir, it is requested to you that I Niki Begam wife of Budhu Khan, resident of village Daler Singh Wala, Tehsil and District Mansa and I submit as under:-(1) That my daughter namely Baggo Bibi was interested in going abroad (Canada), she scored overall 6 band in IELTS. (2) That the BB Council, Sector 17, Block-D, SCO 69, Chandigarh were advertising for sending the people abroad on study basis and work permit and in this regard BB Council were advertising and in which they had given their phone no. and on those numbers I and my daughter spoke to them for going abroad and the documents and other requirements. They took original passport and other documents from us and also demanded money and the owner of the institution namely Ravinder Singh called us in his office and told us the formalities for processing the file and other benefits and he gave us assurance and on the assurance given by the owner of the above stated institution and in order to provide us all the facilities for going abroad and in order to send my daughter in Canada on studies basis. They demanded money from us and they took Rs.2,57,000/- from me and my brother Gunny Mohammad in the bank account of Ravinder Singh account no. 632201023130 in ICICI Bank on different dates and Arti took Rs.3,00,000/- in cash from us. The above stated firm took 10 blank cheques from me but after passage of lot of time when me and my brother Gunny Mohammad enquired about the status of the file and the above stated persons gave us assurance but after that they stopped picking up our phone. That the above stated Ravinder Singh and Arti neither they sent my daughter Baggo Bibi in Canada nor they returned the money and they kept on making excuses regarding my daughter Baggo Bibi. (3) That the suspicion is created that instead of telling the status of the file of my daughter Baggo Bibi, they started ignoring our phones and it seems that they have not processed the file of my daughter, rather they have kept me and my daughter in dark and by keeping us in dark, they have deceived us with money. (4) That we have come to know that cases have been registered against these persons by the children, who wanted to go abroad for cheating and deceiving with money and they have cheated my daughter Baggo Bibi and they have deceived us with money. (5) That we made many rounds in their office but Ravinder Singh and Arti tried to win over us, but we have come to know that Ravinder Singh and Arti have deceived us. (6) and when me and my brother Gunny Mohammad requested Ravinder Singh and Arti to return our money, but they started threatening us and told us that they will misuse the documents of my daughter. So, the complaint is presented to you and it is humbly requested that the legal action be taken against the above stated persons for deceiving me in order to send my daughter Baggo Bibi abroad and the money and the blank cheques be returned to us and justice be given to us. I shall be very thankful to you, thanking you, Sd/- Nikki Begum. Your’s sincerely, Nikki Begum wife of Budhu Khan, resident of village Dalel Singh Wala, Tehsil and District Mansa. Sd/- Gunny Mohd. Son of Mamdin, resident of village Dalel Singh Wala, Tehsil and District Mansa, M.9815605981. Police Proceedings. Email: [email protected] (1) ICMS/ 2025/ 005280 Dt. 18.02.2025 made by Niki Begum, resident of village Dalel Singh Wala, District Mansa, PB cheating amount Rs.5.57 lacs (2) ICMS/2025/000425 dated 06.01.2025 made by Dalbir Singh, resident of village Sangatpura, PO Umarpura, Batala, cheating amount Rs.45,000/-. (3) ICMS/2025/006362 dated 27.02.2025 made by Baljit Kaur, resident of F-7/375 near Lavanya Modern School cheating amount Rs.2,20,000/-, total amount of more than Rs.8,00,000/-.”
As per allegations, the petitioner has defrauded Dalbir Singh, Baljit Kaur and the present complainant for an amount of Rs. 8,04,000/-.
The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. In fact, he is the proprietor of M/s B.B. Council, a firm engaged in providing a wide range of services, including immigration of skilled workers and student visas. The allegations levelled in the present case are completely false and baseless and are an outcome of a misunderstanding between the petitioner on the one hand and the complainant party on the other. No offence as alleged is made out. As he is in custody since 15.07.2025 but none of the 21 prosecution witnesses has been examined so far, the Trial of the present case is not likely to be concluded in the near future. Therefore, the petitioner is entitled to the concession of bail, particularly when he has been granted the said concession in some of the other cases registered against him.
The learned counsel for the State, on the other hand, contends that the petitioner has cheated a number of persons, including the present complainants. As many as 14 other cases stand registered against him. Though, he has been granted bail in some of the other cases in which he is an accused, there is every possibility that he would tamper with the evidence, influence witnesses, or otherwise abscond from justice in case he is granted the concession of bail. Therefore, the present petition is liable to be dismissed.
I have heard the learned counsel for the parties.
In Y.S. Jagan Mohan Reddy Vs. Central Bureau of Investigation, 2013(3) RCR(Criminal) 108, the Hon’ble Supreme has held as under:-
“15.Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offence having deep rooted conspiracies and involving huge loss of public funds needs to be viewed seriously and considered as grave offences affecting the economy of the country as a whole and thereby posing serious threat to the financial health of the country.
16.While granting bail, the court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public/State and other similar considerations.”
In The State of Bihar & Anr. Vs. Amit Kumar @ Bacha Rai, 2017(3) RCR(Criminal) 690, the Hon’ble Supreme has held as under:-
“10.We are conscious of the fact that the accused is charged with economic offences of huge magnitude and is alleged to be the kingpin/ring leader. Further it is alleged that the respondent-accused is involved in tampering with the answer sheets by illegal means and interfering with the examination system of Bihar Intermediate Examination 2016 and thereby securing top ranks, for his daughter and other students of Vishnu Rai College, in the said examination. During the investigation when a search team raided his place various documents relating to property and land to the tune of L 2.57 Cr. were recovered besides L 20 lakhs in cash. In addition to this, allegedly a large number of written answer sheets of various students, letter heads and rubber stamps of several authorities, admit cards, illegal fire arm etc. were found which establishes a prima facie case against the respondent. The allegations against the respondent are very serious in nature, which are reflected from the excerpts of the case dairy. We are also conscious of the fact that the offences alleged, if proved, may jeopardize the credibility of the education system of State of Bihar.
11.The learned senior counsel appearing for the respondent claimed parity with twenty eight (28) other accused persons in the same case who have already been granted bail. We find that though some of accused are released on bail most of them are teachers who performed the invigilation duty and members of the Managing Committee against whom the charges are not so serious. It is not appropriate to compare the case of the accused-respondent, with those who were on bail, as the respondent is alleged to be the king-pin of the entire crime.
12.Although there is no quarrel with respect to the legal propositions canvassed by the learned counsels, it should be noted that there is no straight jacket formula for consideration of grant of bail to an accused. It all depends upon the facts and circumstances of each case. The Government's interest in preventing crime by arrestees is both legitimate and compelling. So also is the cherished right of personal liberty envisaged under Article 21 of the Constitution. Section 439 of The Code of Criminal Procedure, 1973, which is the bail provision, places responsibility upon the courts to uphold procedural fairness before a person's liberty is abridged. Although `bail is the rule and jail is an exception' is well established in our jurisprudence, we have to measure competing forces present in facts and circumstances of each case before enlarging a person on bail.
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16.Having bestowed our thoughtful consideration to the gravity of the offence and several other crucial factors which are discussed in detail in preceding paragraphs, we are of the opinion that it is not advisable to release the accused/respondent on bail at this stage. Accordingly without expressing any opinion on final merits of the case, we set aside the order of the High Court. The appeal stands allowed.”
As per the prosecution case, the petitioner has cheated 03 persons, namely, Dalbir Singh, Baljeet Kaur and Nikki Begum (complainant) by promising to send them or their relatives abroad. However, none of the victims was sent abroad nor was the money paid by them refunded back.
The petitioner is an accused in as many as 15 other cases, the details of which are as under:-
| Sr. No. | FIR / Case Details | Sections | Present Custody / Status |
| 1. | FIR No. 166, dt. 14.10.2023, P.S. Sector-17, Chandigarh | 406, 420, 120-B IPC | Already on bail on 08.08.2025 |
| 2. | FIR No. 136, dt. 07.08.2023, P.S. Sector-17, Chandigarh | 406, 420, 120-B IPC | Released on bail on 04.11.2023 |
| 3. | FIR No. 139, dt. 09.08.2023, P.S. Sector-17, Chandigarh | 406, 420, 120-B IPC | Released on bail on 08.12.2023 |
| 4. | FIR No.96 dt. 21.05.2024, P.S. Sector 17, Chandigarh | 406, 420, 467, 468, 471, 120-B IPC | Released on bail on 04.01.2025 |
| 5. | FIR No. 150, dt. 31.08.2024, P.S. Sector-17, Chandigarh | 406, 420, 120-B IPC | Released on bail on 03.01.2025 |
| 6. | FIR No. 115, dt. 30.06.2024, P.S. Sector-17, Chandigarh | 406, 420, 467, 468, 471, 120-B IPC | Released on bail on 03.01.2025 |
| 7. | FIR No. 80, dt. 02.05.2024, P.S. Sector-17, Chandigarh | 406, 420, 467, 468, 471, 120-B IPC | Released on bail on 29.04.2025 |
| 8. | FIR No. 158, dt. 10.09.2024, P.S. Sector-17, Chandigarh | 406, 420, 467, 468, 471, 120-B IPC | Pending for 07.09.2026. |
| 9. | FIR No. 43, dt. 10.04.2025, P.S. Sector-17, Chandigarh | 406, 420, 120-B IPC | Pending for 19.09.2026. |
| 10. | FIR No. 4, dt. 05.01.2025, P.S. Sector-17, Chandigarh | 406, 420, 467, 468, 471, 120-B IPC | Pending for 19.09.2026. |
| 11. | FIR No. 36, dt. 26.03.2025, P.S. Sector-17, Chandigarh | 406, 420, 120-B IPC | Pending for 11.09.2026. |
| 12. | FIR No. 34, dt. 24.03.2025, P.S. Sector-17, Chandigarh | 406, 420, 120-B IPC | Pending for 11.09.2026. |
| 13. | FIR No. 190, dt. 01.11.2024, P.S. Sector-17, Chandigarh | 406, 420, 467, 468, 471, 120-B IPC | Pending for 19.09.2026. |
| 14. | FIR No. 171, dt. 2025, P.S. Sector-17, Chandigarh | 420, 120-B IPC | Pending for 09.09.2026. |
| 15. | FIR No. 03 of 2020, P.S. City Kharar | 406, 420, 120-B IPC | Already on bail vide orders dt. 05.02.2026. |
It is apparent that the petitioner is a habitual offender. There is every possibility that he would abscond from justice, tamper with the evidence, or otherwise influence witnesses in case he is granted the concession bail.
Further, in view of the judgments in Y.S. Jagan Mohan Reddy (supra) and State of Bihar (supra), as the offences in question have caused a huge financial loss to the victims, the petitioner is not entitled to the concession as prayed for at this stage. Therefore, the present petition stands dismissed.
However, the trial Court is requested to expedite the proceedings and conclude the same as soon as possible.
