HARPAL SINGH BHANGU v. STATE OF PUNJAB AND ANOTHER

Judgment

1. The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a

criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner(s) FIR No. Date Section(s) Harpal Singh Bhangu, aged about 41 years 0081 09.07.2024 420, 120-B of IPC (sections 318(4), 61(2) of BNS) and section 13 of Punjab Travel Professionals (Regulation) Act, 2014 Police Station District Bhindi Saidan Amritsar Rural LAVISHA 2026.05.22 10:12 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-15672-2026 2

2. As per the allegations set out in the FIR, petitioner along with his wife/co-accused Gurpreet Kaur, is stated to have cheated the complainant Harpal Singh, his wife Sunita, and other persons of an amount of approximately Rs. 25 lakhs by falsely promising to arrange government employment or facilitate their travel abroad. It is alleged that petitioner demanded Rs.16,00,000/- from the complainant for arranging a job for Sunita in Canada. In July 2023, petitioner and his wife allegedly visited the complainant and received Rs.5,00,000/- in cash. They further represented that they could secure jobs or send individuals abroad, and encouraged the complainant to refer other interested persons to them. Relying on these assurances, complainant introduced his relatives and acquaintances, from whom the accused persons allegedly collected substantial sums of money under similar false promises. It is further alleged that, in total, an amount of Rs.25,00,000/- was dishonestly obtained from various persons on the pretext of facilitating overseas employment or immigration. Additionally, it is alleged that petitioner procured forged and fabricated Matriculation and Senior Secondary certificates for Sunita, purportedly to support a passport application. Therefore, allegations against the petitioner are serious in nature, involving cheating, criminal breach of trust, and use of forged documents, with the accused and co-accused allegedly deceiving multiple persons and misappropriating a substantial sum of money on the pretext of providing government jobs and opportunities abroad. LAVISHA 2026.05.22 10:12 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-15672-2026 3

3. On the very outset, learned State counsel has filed status report dated 20.05.2026 in the Court today and the same is taken on record. Registry is directed to tag the same at the appropriate place on the file.

4. As per paragraph No.4 of the status report, role of the petitioner has been mentioned, which is reproduced here below:- “4. That as per the version of the complainant, the petitioner in connivance and conspiring with his wife Gurpreet Kaur had cheated the following persons by giving an inducement of sending them abroad or getting them recruited in Indian Army as under:- Aggrieved person Inducement Cheated amount Harpal Singh Sending his wife Sunita to Rs.5 lakh cash Canada Sahil Recruitment in Indian Army Rs.4 lakh cash Rajan Masih Sending him to Georgia Megha Gill Sending her to Canada Hina Recruitment of her son at Amritsar Airport Rs.2 lakh 50 thousand cash Rs.8 lakh cash Rs.1,50,000/- Davinder Singh Sending him to Italy Rs.1,70,000/- Navjot Singh Recruitment in Cantonment Rs.60,000/-

5. Co-accused namely Gurpreet Kaur has already been granted the concession of pre-arrest bail by this Court, vide order dated

20.01.2026 passed in CRM-M-57635-2025, pursuant to her joining the investigation and furnishing the bail and surety bonds to the satisfaction of the investigating officer.

6. As per paragraph No.9 of the status report, apart the present case, petitioner is found involved in two other criminal cases, and for reference, same are detailed here under:- LAVISHA 2026.05.22 10:12 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-15672-2026 4 i. FIR No. 54/2023 under section 406, 420 IPC read with section 13 Punjab Travel Profession (Regulation) Act, PS City Nawashehar; ii.) FIR No. 61/2024 under section 406, 420 IPC read with section 13 Punjab Travel Profession (Regulation) Act, PS Dera Baba Nanak, Police District Batala.

7. Counsel for the petitioner submits that as per the status report, although it is alleged that Rs.25 lakhs was paid to the accused persons and Rs.5 lakhs to the petitioner, the veracity of these allegations can only be determined by the trial court after a full appreciation of evidence. It is a matter for trial to be examined whether the allegations are credible or merely bald, particularly since the entire alleged amount is stated to have been paid in cash. It would be open to the prosecution to prove not only the payment of the amount to the accused persons, but also its source, including from where the complainant allegedly arranged the funds. It is further submitted that petitioner is in judicial custody since 06.01.2026, i.e. for a period of more than five months, and no prosecution witness has been examined so far, despite the fact that investigation stands completed. Moreover, the offences in question are triable by a Magistrate. Thus, counsel prays that petitioner be granted regular bail in the present case.

8. On the other hand, learned State counsel while opposing the prayer and submissions made by learned counsel for the petitioner, submits that petitioner is a habitual offender, thus, petitioner is not entitled to the concession of regular bail in view of the gravity of the LAVISHA 2026.05.22 10:12 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-15672-2026 5 offence committed by him. There is strong apprehension that he can misuse the concession of a regular bail by absconding from trial, or by intimidating and influencing the prosecution witnesses after his release on regular bail.

9. This Court has heard the submissions addressed by counsel for the parties and has also gone through the record available before it.

10. Admittedly, offences are triable by the Court of learned Magistrate, and petitioner is inside jail since 06.01.2026, i.e. for the last more than a period of five months, and none of the prosecution witness has been examined till date, though investigation is complete. Co- accused namely Gurpreet Kaur has already been granted the concession of pre-arrest bail by this Court, vide order dated 20.01.2026 passed in CRM-M-57635-2025.

11. In view of totality of circumstances, and the facts/allegations levelled against the petitioner, and the factors noticed here above, this Court deems it appropriate to grant the concession of bail to the petitioner in the present case. Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case.

12. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. LAVISHA 2026.05.22 10:12 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-15672-2026 6

13. Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law.

14. Petition stands disposed of. (SANJAY VASHISTH) JUDGE

21.05.2026 Lavisha Whether Speaking/Reasoned: YES/NO YES/NO Whether Reportable: LAVISHA 2026.05.22 10:12 I attest to the accuracy and integrity of this document PHHC, Chandigarh