July 21, 202 , 2025 Kapil Sharma @ rma @ Mohit Sharma @ Garry v. ….Petitione titioner ….Responden ondent CORAM: HO HON’BLE MR. JUSTICE SUME SUMEET GOEL Present:- Mr
Case Details
1 CRM-M-36114-20 2025 235 N THE HIGH COURT OF PUNJAB NJAB AND HARYANA AT IN TH GARH CHANDIGARH CRM-M-36114-202 2025 Date of decision: July 21, 202 , 2025 Kapil Sharma @ rma @ Mohit Sharma @ Garry unjab State of Punjab Versus ….Petitione titioner ….Responden ondent CORAM: HO HON’BLE MR. JUSTICE SUME SUMEET GOEL Present:- Mr Mr. Suram Singh Rana, Advocate f ocate for the petitioner. Mr. Gaurav Gurcharan S. Rai, Seni Mr i, Senior DAG Punjab. SUMEET GOE GOEL, J. (ORAL) ***** 1. Present petition has been filed un Pre BNSS, iled under Section 483 of the BNSS 2023 for grant o grant of regular bail to the petitioner tioner in case bearing FIR No.86 date dated 12.08.2023, reg registered for the offences punisha unishable under Sections 420, 419, 20 19, 201 of The IPC and and Section 13 of the Punjab Trave Travel Professional (Regulation) Ac n) Act, 2014, at Police olice Station Majitha Road, Amritsar ritsar. 2.
Facts
The case set up in the FIR in qu Th in question (as set out in the presen present petition by the p y the petitioner) is as follows:- “Su Subject:- with regard to committing ing fraud and cheating on the pretext ext of sending abroad against Kapil Sharma, sen rma, Jatin, Vikash Pathak and their sta r staff members namely Tanu madam and Ri me d Ritu madam. (1) Sir, requested that hat I, Naresh Kumar S/o Ram Bahadur is Na is Resident of house no. 12/124, Sa , Sant Nagar, Verka, District Amritsar and pe Na d peace loving citizen. I am 8th pass an s and worked as caterer in Saudi Arabia for wo for last 5 years and now have returne turned back to Amritsar, Punjab and also ha bac o have experience certificate of same. (2 e. (2) That I submitted my documents to Rinkl Tha inkle Enterprises Immigration services fo es for going to Canada on work visa, situa goi situated at Batala road celebration ha n hall MAHAVIR SINGH 2025.07.21 19:07 I attest to the accuracy and authenticity of this order/ judgment CRM-M-36114-20 2025 2 opposite country yard hotel Amritsar. I opp ar. I came to know about the Immigratio ration services of Kapil Sharma through facebo ser cebook page. He received Rs 2,50,000/- - on different occasions from me via phon diff hone-pe transfer and also through ban bank transactions in his mother's bank ac tra k account namely Pawan Kumari who who's account no. 110054111584 is in Canar acc anara bank (Pawan Kumari), Payment ent of Rs. 20,000/- (in cash) was also made to Rs. e to Tanu and Sharma. Total payment wa nt was fixed for Re 9 lace. Kapil Sharma disclo fixe isclosed his name as Mohit Sharma whic which was later on found to be Kapi Sharma wa arma. He collected scanned copies of m of my passport and other documents and retu pas returned my original passport to me an e and told that whenever the same be need told eed then I have to submit the same. H e. He received some of the above mentioned rec oned amount in cash as well as in ban bank account of Pawan Kumari. There wa acc e was some balance amount which wa was remaining to be paid to him but the a rem the above named accused fled away afte after closing his office. We tried to search hi clo h him but we were unable to find him. The . Then we went to his office which was found t we nd to locked thereafter we tried to conta ontact his employee Tanu who was working as his g as incharge of his office and usually ca ly call the people to deposit the money so that the that they will arrange for their visa at th at the earliest. There were two other girls who ear who call other clients and assure them th m that their visa will be received soon and the the d they will be able to earn good income me at Canada. Subsequently you will also get Ca get your PR. There is another boy name amely Kapil @ Badshah in the office who Ka who is very faithful to Kapil Sharm harma and known about the house, properties a and ties and other places of said Kapil Sharm arma. It has come to our knowledge that th It at the whatsapp call of Tanu and Kap Kapil Sharma with their staff members is stil Sha s still operational. Kapil Sharma has als s also obtained my signatures for my Canadi obt nadian work visa. He received the abov above money by enticing me in the name of bi mo of biometric ticket, medical and insuranc rance. He also He told me that this am amount includes the expenses s of getting visa as well as accommodati get dation. For the last about few month onths, Kapil Sharma and his staff members a Ka ers are making false promise to send m nd me abroad and on reaching there you will b abr ill be able to work immediately. He furthe urther assured me that in case my work and c ass nd conduct will be good then my visa wi a will also be extended and thereafter on the b als the basis of same vou will get PR. (3) Th ) That the other associates of Kapil Sharma na the a namely Jatin who deals with new clien clients and Vikas Pathak who introduce himsel and mself as an advocate and get all the pape apers signed from the clients. Other girl empl si employees namely Ritu and Geetu who ca o call the clients on their personal phones a the es and call them to bring money for th or the purpose of their passport etc. All other pur other dealings are made by Kapil Sharm harma himself alongwith his other associates i him tes in their office. Opening and closing ing of MAHAVIR SINGH 2025.07.21 19:07 I attest to the accuracy and authenticity of this order/ judgment CRM-M-36114-20 2025 3 the office is done by Kapil @ Badshah the hah who retain the keys of office and als d also has knowledge of all documents etc. (4 has c. (4) On 12.06.2023 our appointment wa t was fixed at Delhi and when we reached fixe ched there then we were told that ou t our appointment has postponed. We tried to app ed to find Kapil Sharma and his associate ciates but his office was closed thereafter we but we tried to contact Tanu madam but sh ut she did not picked up the phone and told me did ld me that many clients are making calls alls in this regard but she has no reply of the s this the same. I am also trying to contact Kap Kapil Sharma on his phone, but he is not picki Sha picking up his calls and only sent message ssages that I am coming to Amritsar next Mon tha Monday and the things be settled by the then. Thereafter, we approached the owner The
Legal Reasoning
.38822- nts of this Court in CRM-M No.38822 2022 titled as d as Akhilesh Singh v. State of Hary aryana, decided on 29.11.2021, an 21, and Balraj v. State o tate of Haryana, 1998 (3) RCR (Crim (Criminal) 191. Suffice to say, further detention of Suf tion of the petitioner as an undertrial i rtrial is not warranted in nted in the facts and circumstances of ces of the case. 7. In view of above, the present p In sent petition is allowed. Petitioner i oner is ordered to be re o be released on regular bail on his fu his furnishing bail/surety bonds to th s to the satisfaction of t n of the Ld. concerned CJM/Duty Ma uty Magistrate. However, in addition t ition to conditions that s that may be imposed by the conce concerned CJM/Duty Magistrate, th ate, the petitioner shall shall remain bound by the following c wing conditions:- (i) (i) The petitioner shall not mis t mis-use the liberty granted. (ii) The petitioner shall not tamp (ii) t tamper with any evidence, oral or documentary, during the t g the trial. (iii) The petitioner shall not abse (iii t absent himself on any date before th ore the trial. (iv) The petitioner shall not comm (iv bail. t commit any offence while on bail. (v) The petitioner shall deposit h (v) posit his passport, if any, with the tria the trial Court. (vi) The petitioner shall give (vi give his cellphone number to th the Investigating Officer/SHO SHO of concerned Police Station an ion and shall not change his cel is cell-phone number without prio prior permission of the trial Court Court/Illaqa Magistrate. (vii) The petitioner shall not in an (vi trial. t in any manner try to delay the trial. 8. In case of breach of any of the afor In e aforesaid conditions and those whic e which may be imposed posed by concerned CJM/Duty Magi Magistrate as directed hereinabove o bove or upon showing wing any other sufficient cause, th se, the State/complainant shall be a l be at liberty to move move cancellation of bail of the petitio petitioner. MAHAVIR SINGH 2025.07.21 19:07 I attest to the accuracy and authenticity of this order/ judgment CRM-M-36114-20 2025 6 9. 10. Ordered accordingly. Ord Nothing said hereinabove shall b No hall be construed as an expression o sion of opinion on the m n the merits of the case. 11. Since the main case has been d Sin been decided, pending miscellaneou laneous application, if a
Arguments
ner of the building Mr. Ahluwalia, wh , who provided copy of Aadhar card which wa pro h was later on found to be fake. Therefor efore, it is requested that a strict legal acti it i action in accordance with law be take taken against the Kapil Sharma and his ass aga s associates and our hard earned mone money which has been cheated by fraud my ki wh y kindly be recovered and returned to u to us. Justice may kindly be delivered to us.” Jus 3. Learned counsel for the petitioner Lea tioner has iterated that the petitioner ioner is in custody sinc y since 29.08.2023. Learned couns counsel has further iterated that th hat the petitioner has b has been falsely implicated into the o the FIR in question. Learned counse counsel has further argu argued that the complainant has g has got recorded the FIR in questio uestion against the peti e petitioner as the petitioner was no as not able to provide services to th to the complainant to ant to his satisfaction. Learned counse ounsel has further iterated that the tria the trial in question is on is magisterial in nature and the d the petitioner has already suffere uffered incarceration fo tion for more than 01 year and 10 mon onths in the FIR in question. Sinc Since the challan has has already been filed before the com the competent Court of jurisdiction an ion and hence no useful useful purpose would be served by k ustody. d by keeping the petitioner in custody In this view of ew of the matter, learned counsel has sel has prayed for the grant of regula regular bail to the petiti petitioner. 4. Learned State counsel has opposed Lea pposed the present petition by arguin arguing that the allegatio llegations raised against the petitioner tioner are serious in nature and thus th thus the MAHAVIR SINGH 2025.07.21 19:07 I attest to the accuracy and authenticity of this order/ judgment CRM-M-36114-20 2025 4 petitioner does does not deserve the concession of on of the regular bail. Learned Stat d State counsel seeks t eeks to place on record the custody ustody certificate dated 20.07.2025 in Court today, wh , which is taken on record. 5. I have heard counsel for the rival I h rival parties and have gone through th ugh the available record records of the case. 6. The petitioner was arrested Th ested on 25.08.2023 whereinafte einafter investigation wa tion was carried out and challan was p was presented on 15.09.2023. Total otal 17 prosecution wi witnesses have been cited, out , out of which only 04 have bee e been examined till d till date. It is indubitable that the co the conclusion of trial will take som some time. This Cou s Court does not deem it appropriat ropriate to delve deep into these riva se rival contentions, at ns, at this stage, lest it may prejudic ejudice the trial. Nothing tangible ha ble has been brought forward to indicate the likeliho kelihood of the petitioner abscondin onding from the proces process of justice or interfering with th with the prosecution evidence. As per custody certificate dated As ated 20.07.2025 filed by learned Stat d State counsel, the pe the petitioner has already suffered inc red incarceration for a period of mor f more than 01 year an ear and 10 months. Further, as per as per the said custody certificate t ate the petitioner is sta is stated to be involved in multiple F factum ltiple FIR cases. However, this factum cannot be a gro a ground sufficient by itself, to decli decline the concession of regular bai lar bail to the petitione titioner in the FIR in question when when a case is made out for grant o rant of regular bail qua the FIR in question estion by n ratiocinating upon the th facts/circumstan umstances of the said FIR. Reliance in ance in this regard can be placed upo d upon the judgment of ent of the Hon’ble Supreme Court in ourt in Maulana Mohd. Amir Rashad shadi v. State of U.P. U.P. and another, 2012 (1) RCR (C R (Criminal) 586; a Division Benc Bench judgment of the of the Hon’ble Calcutta High Court State, Court in case of Sridhar Das v. State MAHAVIR SINGH 2025.07.21 19:07 I attest to the accuracy and authenticity of this order/ judgment CRM-M-36114-20 2025 5 1998 (2) RCR ( CR (Criminal) 477 & judgments of
Decision
n, if any, shall also stands disposed of sed off. July 21, 2025 mahavir (SUMEET GOEL) JUDGE Whether speaking/reasoned: Whether reportable: Yes/No Yes/No MAHAVIR SINGH 2025.07.21 19:07 I attest to the accuracy and authenticity of this order/ judgment