Judgment · High Court · 2026

Judgment

#1. Present petition has been filed on behalf of the petitioner Present petition has been filed on behalf of the petitioner Present petition has been filed on behalf of the petitioner arrest bail under Section 482 of BNSS, seeking grant of anticipatory/pre-arrest bail under Section 482 of BNSS, arrest bail under Section 482 of BNSS, seeking gran

2023 in FIR No.317 dated 22.12.2025 registered for offences punishable 2023 in FIR No.317 dated 22.12.2025 registered for offences punishable 2023 in FIR No.317 dated 22.12.2025 registered for offences punishable 2023 in FIR No.317 dated 22.12.2025 registered for offences punishable under Sections 318(4), 61(2), 338, 336(3) of BNS, 2023 at Police Station under Sections 318(4), 61(2), 338, 336(3) of BNS, 2023 at Police Station under Sections 318(4), 61(2), 338, 336(3) of BNS, 2023 at Police Station under Sections 318(4), 61(2), 338, 336(3) of BNS, 2023 at Police Station City Gurdaspur, District Gurdaspur. City Gurdaspur, District Gurdaspur.

#2. As per the prosecution case, a written complaint was submitted As per the prosecution case, a written complaint was submitted As per the prosecution case, a written complaint was submitted by multiple complainants before the Senior Superintendent of Police, by multiple complainants before the Senior Superintendent of Police, by multiple complainants before the Senior Superintendent of Police, by multiple complainants before the Senior Superintendent of Police, Gurdaspur alleging therein that an immigration Gurdaspur alleging the name that an immigration company under the name and style of ‘Candream Overseas’, situated at Puda and style of Market, Jail Road, , situated at Puda Market, Jail Road, Gurdaspur. The complainants alleged that an amount exceeding Gurdaspur One The complainants alleged that an amount exceeding Rupees One induced numerous persons to part with Crore was collected by having induced numerous persons to part with induced numerous persons to part with Crore was collected of money on the promise of sending them abroad. It substantial amount(s) of money on the promise of sending them abroad. It of money on the promise of sending them abroad. It substantial amount has been further alleged further alleged that the owner of the namely that the owner of the immigration company namely Gurvir Singh and its operator Harpreet Singh received money from the Gurvir Singh and its operator Harpreet Singh received money from the Gurvir Singh and its operator Harpreet Singh received money from the Gurvir Singh and its operator Harpreet Singh received money from the CRM-M- -35067-2026 2 As per victims and retained their passports and other important documents. As per victims and retained their passports and other important documents. victims and retained their passports and other important documents. two female employees namely Ramandeep Kaur and the complaint, two female employees namely Ramandeep Kaur and two female employees namely Ramandeep Kaur and the complaint, Sukhmanpreet Kaur, who were stated to be working in the office, interact Sukhmanpreet Kaur, who were stated to be working in the office Sukhmanpreet Kaur, who were stated to be working in the office interacted with the prospective customers. It has been alleged that despite receipt of prospective customers. It has been alleged that despite receipt of It has been alleged that despite receipt of huge amounts, the accused persons neither arranged visas nor returned the huge amounts, the accused persons neither arranged visas nor returned the huge amounts, the accused persons neither arranged visas nor returned the huge amounts, the accused persons neither arranged visas nor returned the money & had cheated the complainant(s). money & had cheated the compla On these set of allegations, the inant(s). On these set of allegations, the During the FIR in question came to be registered and investigation ensued. During the FIR in question came to be registered and investigation ensued. FIR in question came to be registered and investigation ensued. course of investigation, the present petitioner was nominated as an accused course of investigation, the present petitioner was nominated as an accused course of investigation, the present petitioner was nominated as an accused course of investigation, the present petitioner was nominated as an accused ivities of the on the allegation that he was actively associated with the activities of the on the allegation that he was actively associated with the act on the allegation that he was actively associated with the act and had played a role in inducing the complainants immigration company and had played a role in inducing the complainants and had played a role in inducing the complainants immigration and facilitating the transactions which ultimately resulted in the alleged and facilitating the transactions which ultimately resulted in the alleged and facilitating the transactions which ultimately resulted in the alleged and facilitating the transactions which ultimately resulted in the alleged On these set of allegations, instant FIR has been cheating and fraud. On these set of allegations, instant FIR has been On these set of allegations, instant FIR has been cheating and fraud. registered and investigation ensued. registered and investiga

#3. Learned counsel for the petitioner has iterated that the Learned counsel for the petitioner has iterated that the Learned counsel for the petitioner has iterated that the and has no petitioner has been falsely implicated into the FIR in question and has no petitioner has been falsely implicated into the FIR in question petitioner has been falsely implicated into the FIR in question Learned counsel has further iterated that connection with the alleged fraud. Learned counsel has further iterated that Learned counsel has further iterated that connection with the alleged fraud. mplaint clearly shows that the petitioner was never perusal of the original complaint clearly shows that the petitioner was never mplaint clearly shows that the petitioner was never perusal of the original co According to learned counsel, the named by any of the 22 complainants. According to learned counsel, the According to learned counsel, the named by any of the 22 complainants. Gurvir Singh, complaint specifically named certain other persons i.e. Gurvir Singh, complaint specifically named certain other persons complaint specifically named certain other persons Harpreet Singh, Ramandeep Kaur and Sukhmanpreet Kaur, but no Harpreet Singh, Ramandeep Kaur and Sukhmanpreet Kaur, but no Harpreet Singh, Ramandeep Kaur and Sukhmanpreet Kaur, but no Harpreet Singh, Ramandeep Kaur and Sukhmanpreet Kaur, but no allegation whatsoever legation whatsoever has been levelled against the petitioner. It has been levelled against the petitioner. It has been contended that the subsequent nomination of the petitioner during contended that the the course subsequent nomination of the petitioner during the course investigation is stated to be arbitrary and without any supporting material. of investigation is stated to be arbitrary and without any supporting material. investigation is stated to be arbitrary and without any supporting material. investigation is stated to be arbitrary and without any supporting material. er contended that the petitioner is not engaged in Learned counsel has further contended that the petitioner is not engaged in er contended that the petitioner is not engaged in Learned counsel has furth the business of sending the persons abroad and the allegations are general the business of sending the persons abroad and the allegations are general the business of sending the persons abroad and the allegations are general the business of sending the persons abroad and the allegations are general CRM-M- -35067-2026 3 and vague in nature. It has been further submitted that the petitioner ha and vague in nature. s not submitted that the petitioner has not participated in any transaction and has participate any promise or has never made any promise or Learned counsel has representation regarding sending any person abroad. Learned counsel has representation regarding sending any person abroad. representation regarding sending any person abroad. no recovery is to be effected from the petitioner and emphasized that no recovery is to be effected from the petitioner and emphasized that petitioner is not a beneficiary of any part of the alleged amount. petitioner is not a beneficiary of any part of the alleged amount. petitioner is not a beneficiary of any part of the alleged amount. petitioner is not a beneficiary of any part of the alleged amount. vert act has been attributed to the petitioner either Furthermore, no specific overt act has been attributed to the petitioner either vert act has been attributed to the petitioner either Furthermore, investigation in the FIR or in any material collected during the course of investigation in the FIR or in any material collected during in the FIR or in any material collected during has been and, therefore, his custodial interrogation is not necessary. It has been and, therefore, his custodial interrogation is and, therefore, his custodial interrogation is r Singh Gill @ Jass @ further contended that the main accused namely Gurvir Singh Gill @ Jass @ further contended that the main accused namely Gurvi further contended that the main accused namely Gurvi Tejas, has already been arrested and is in custody since 09.04.2026 and the Tejas, has already been arrested and is in custody since 09.04.2026 and the Tejas, has already been arrested and is in custody since 09.04.2026 and the Tejas, has already been arrested and is in custody since 09.04.2026 and the challan has already been presented before the competent Court challan has already been presented before the competent Court challan has already been presented before the competent Court It has been further argued that the petitioner has clean jurisdiction. It has been further argued that the petitioner has clean It has been further argued that the petitioner has clean jurisdiction willing to fully cooperate with the investigation. antecedents and is willing to fully cooperate with the investigation. willing to fully cooperate with the investigation. antecedents and is Moreover, there is no likelihood of the petitioner absconding from the Moreover, there is no likelihood of the petitioner absconding from the Moreover, there is no likelihood of the petitioner absconding from the Moreover, there is no likelihood of the petitioner absconding from the process of justice or tampering with the prosecution evidence in case he is process of justice or tampering with the prosecution evidence in case he is process of justice or tampering with the prosecution evidence in case he is process of justice or tampering with the prosecution evidence in case he is enlarged on pre-arrest bail. On strength of these submiss enlarged on pre ions, the grant of arrest bail. On strength of these submissions, the grant of anticipatory bail is entreated for. anticipatory bail is entreated for.

#4. Per contra, learned State counsel opposed the grant of , learned State counsel has opposed the grant of anticipatory bail to the petitioner by arguing that the petitioner has been anticipatory bail to the petitioner by arguing that the petitioner has been anticipatory bail to the petitioner by arguing that the petitioner has been anticipatory bail to the petitioner by arguing that the petitioner has been cheating the specifically named in the FIR and has played an active role in cheating the specifically named in the FIR and has played an active role in specifically named in the FIR and has played an active role in complainant(s). Learned State counsel has iterated that the complainant allegations in the . Learned State counsel has iterated that the allegations in the organized fraud whereby a large number of present case disclose a well-organized fraud whereby a large number of organized fraud whereby a large number of present case disclose a well of money innocent persons were induced to part with substantial amount(s) of money innocent persons were induced to part with substantial amount innocent persons were induced to part with substantial amount on the false promise of sending abroad. Learned State on the false promi abroad. Learned State counsel has emphasized that merely because the petitioner emphasized named in the that merely because the petitioner has not been named in the CRM-M- -35067-2026 4 According to original complaint does not absolve him of criminal liability. According to original complaint does not absolve him of criminal liability. original complaint does not absolve him of criminal liability. learned State counsel, the investigation conducted so far ha learned State counsel, s revealed the the investigation conducted so far has revealed the active involvement of the petitioner in the affairs of Candream Overseas and active involvement of the petitioner in the affairs of Candream Overseas and active involvement of the petitioner in the affairs of Candream Overseas and active involvement of the petitioner in the affairs of Candream Overseas and his association with the other accused persons involved in the commission his association with the other accused persons involved in the commission his association with the other accused persons involved in the commission his association with the other accused persons involved in the commission the allegations against the petitioner are not of the offence. Furthermore, the allegations against the petitioner are not the allegations against the petitioner are not of the offence. suspicion but are supported by material collected during based on mere suspicion but are supported by material collected during suspicion but are supported by material collected during based on mere It has been further submitted that the investigation is at a investigation. It has been further submitted that the investigation is at a It has been further submitted that the investigation is at a investigation nascent stage and custodial interrogation of the petitioner is necessary to nascent stage and custodial interrogation of the petitioner is necessary to nascent stage and custodial interrogation of the petitioner is necessary to nascent stage and custodial interrogation of the petitioner is necessary to y trial and effect recovery. unearth the entire conspiracy, trace the money trial and effect recovery. unearth the entire conspiracy, trace the mone unearth the entire conspiracy, trace the mone Learned State counsel has emphasized that the evidence collected so far Learned State counsel has emphasized that the evidence collected so far Learned State counsel has emphasized that the evidence collected so far Learned State counsel has emphasized that the evidence collected so far accused used to allure the innocent suggests that the petitioner alongwith co-accused used to allure the innocent accused used to allure the innocent suggests that the petitioner alongwith co people on the pretext of sending them abroad. Furthermore, learned State people on the pretext of sending them abroad. Furthermore, learned State people on the pretext of sending them abroad. Furthermore, learned State people on the pretext of sending them abroad. Furthermore, learned State unsel has submitted that in case the petitioner is granted the concession of counsel has submitted that in case the petitioner is granted the concession of unsel has submitted that in case the petitioner is granted the concession of unsel has submitted that in case the petitioner is granted the concession of arrest bail, at this stage, it may impede the ongoing investigation. pre-arrest bail, at this stage, it may impede the ongoing investigation. arrest bail, at this stage, it may impede the ongoing investigation. arrest bail, at this stage, it may impede the ongoing investigation. instant Accordingly, a prayer has been made for the dismissal of the instant Accordingly, a prayer has been made for the Accordingly, a prayer has been made for the petition.

#5. I have heard the learned counsel for the and have ed counsel for the rival parties and have gone through the available record of the case. gone through the available record of the case. gone through the available record of the case.

#6. As per the case put forth in the FIR in question, indubitably, As per the case put forth in the FIR in question, indubitably, As per the case put forth in the FIR in question, indubitably, he present serious allegations have been levelled against the petitioner. The present serious allegations have been levelled against the petitioner. serious allegations have been levelled against the petitioner. zed immigration fraud wherein a large number of case relates to an organized immigration fraud wherein a large number of zed immigration fraud wherein a large number of case relate persons are alleged to have been induced to part with substantial sums of persons are alleged to have been induced to part with substantial sums of persons are alleged to have been induced to part with substantial sums of persons are alleged to have been induced to part with substantial sums of money on false assurances of being sent abroad. The amount involved is money on false assurances of being sent abroad. The amount involved is money on false assurances of being sent abroad. The amount involved is money on false assurances of being sent abroad. The amount involved is stated to be more than Rs.1.00 crore. The material stated to be more than placed . The material which has been placed petitioner is involved in the activities of before the Court indicates that the petitioner is involved in the activities of petitioner is involved in the activities of before the Court indicates that the CRM-M- -35067-2026 5 the immigration immigration company. The plea of the petitioner that he was neither a of the petitioner that he was neither a licensed agent nor a direct beneficiary of the amount allegedly received is a licensed agent nor a direct beneficiary of the amount allegedly received is a licensed agent nor a direct beneficiary of the amount allegedly received is a licensed agent nor a direct beneficiary of the amount allegedly received is a matter which can be examined during the course of matter which c trial. The the course of investigation/trial. The dilute absence of direct recovery from the petitioner at this stage does not dilute absence of direct recovery from the petitioner at this stage does not absence of direct recovery from the petitioner at this stage does not the allegations or involvement of the petitioner the allegations or in the alleged conspiracy. of the petitioner in the alleged conspiracy. Furthermore, Furthermore, investigation investigation investigation is still underway and is still underway and is still underway and the custodial the custodial the custodial interrogation of the petitioner may be essential to trace the financial flow, interrogation of the petitioner may be essential to trace the financial flow, interrogation of the petitioner may be essential to trace the financial flow, interrogation of the petitioner may be essential to trace the financial flow, recover relevant documents and ascertain the involvement of other recover relevant documents and ascertain the involvement of other recover relevant documents and ascertain the involvement of other recover relevant documents and ascertain the involvement of other olvement of the individuals. The seriousness of the allegations, the involvement of the individuals. The seriousness of the allegations, the inv individuals. The seriousness of the allegations, the inv petitioner in inducing the complainant(s) petitioner in inducing the complainant as also the money trail weigh (s) as also the money trail weigh heavily against the grant of anticipatory bail to the petitioner. Furthermore, heavily against the grant of anticipatory bail to the petitioner. Furthermore, heavily against the grant of anticipatory bail to the petitioner. Furthermore, heavily against the grant of anticipatory bail to the petitioner. Furthermore, the stand of the investigating agency before this Court is that the custodial the stand of the investigating agency before this Court is that the custodial the stand of the investigating agency before this Court is that the custodial the stand of the investigating agency before this Court is that the custodial tion of the petitioner is imperative considering the nature of interrogation of the petitioner is imperative considering the nature of tion of the petitioner is imperative considering the nature of tion of the petitioner is imperative considering the nature of allegations, the money trial and to recover the cheated amount. allegations, the money trial and to recover the cheated amount. allegations, the money trial and to recover the cheated amount.

#7. It is trite law that anticipatory bail is an extraordinary remedy It is trite law that anticipatory bail is an extraordinary remedy It is trite law that anticipatory bail is an extraordinary remedy n cases involving not to be granted as a matter of course, particularly in cases involving not to be granted as a matter of course, particularly i not to be granted as a matter of course, particularly i offences. While considering anticipatory bail, the Court must strike serious offences. While considering anticipatory bail, the Court must strike offences. While considering anticipatory bail, the Court must strike offences. While considering anticipatory bail, the Court must strike a balance between the right of the individual to liberty and the need for free, a balance between the right of the individual to liberty and the need for free, a balance between the right of the individual to liberty and the need for free, a balance between the right of the individual to liberty and the need for free, fair and effective investigation. The investigation is ongoing and to identify fair and effective investigation. The investigation is ongoing and to identify fair and effective investigation. The investigation is ongoing and to identify fair and effective investigation. The investigation is ongoing and to identify he other possible accused persons, this Court does not consider it the other possible accused persons, this Court does not consider it he other possible accused persons, this Court does not consider it he other possible accused persons, this Court does not consider it appropriate to grant bail at this nascent stage. In the considered opinion of appropriate to grant bail at this nascent stage. In the considered opinion of appropriate to grant bail at this nascent stage. In the considered opinion of appropriate to grant bail at this nascent stage. In the considered opinion of this Court, granting anticipatory bail to the petitioner at this stage may likely this Court, granting anticipatory bail to the petitioner at this stage may likely this Court, granting anticipatory bail to the petitioner at this stage may likely this Court, granting anticipatory bail to the petitioner at this stage may likely hamper the on-going investigation. No cause hamper the on plausible cause has been No cause nay plausible cause has been shown, at this stage, from which it can be deciphered that the petitioner has shown, at this stage, from which it can be deciphered that the petitioner has shown, at this stage, from which it can be deciphered that the petitioner has shown, at this stage, from which it can be deciphered that the petitioner has FIR. been falsely implicated into the present FIR. been falsely implicated into the present CRM-M- -35067-2026 6

#8. It is befitting to mention here that while considering a plea for It is befitting to mention here that while considering a plea for It is befitting to mention here that while considering a plea for atory bail, the Court has to equilibrate between safeguarding grant of anticipatory bail, the Court has to equilibrate between safeguarding atory bail, the Court has to equilibrate between safeguarding grant of anticip individual rights and protecting societal interests. The Court ought to reckon individual rights and protecting societal interests. The Court ought to reckon individual rights and protecting societal interests. The Court ought to reckon individual rights and protecting societal interests. The Court ought to reckon with the magnitude and nature of the offence; the role attributed to the with the magnitude and nature of the offence; the role attributed to the with the magnitude and nature of the offence; the role attributed to the with the magnitude and nature of the offence; the role attributed to the igation as also the deeper and wider igation as also the deeper and wide accused; the need for fair and free investigation as also the deeper and wide accused; the need for fair and free invest impact of such alleged iniquities on the society. At this stage, there is no impact of such alleged iniquities on the society. At this stage, there is no impact of such alleged iniquities on the society. At this stage, there is no impact of such alleged iniquities on the society. At this stage, there is no material on record to hold that prima facie material on record to hold that case is not made out against the prima facie case is not made out against the petitioner. The material which has come on record and preliminary petitioner. The material which has come on record and preliminary petitioner. The material which has come on record and preliminary petitioner. The material which has come on record and preliminary reasonable basis for the accusations investigation, appear to be established a reasonable basis for the accusations reasonable basis for the accusations investigation, appear to be established . Thus, it is not appropriate to grant anticipatory bail to the at this stage. Thus, it is not appropriate to grant anticipatory bail to the . Thus, it is not appropriate to grant anticipatory bail to the at this stage petitioner, as petitioner, as petitioner, as petitioner, as it would necessarily cause it would necessarily cause it would necessarily cause it would necessarily cause impediment impediment impediment impediment in effective in effective in effective in effective