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High Court of Punjab and HaryanaCRM-M/6899/2026allowed

Rajesh Kumar @ Kaku v. State Of Punjab

2026-04-23Mr. Justice Sanjay Vashisth3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 23.04.2026 Rajesh Kumar @ Kaku . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Ms. Anmol Thakur, Advocate for Mr. Sandeep Arora, Advocate for the petitioner(s).

Mr. Jasdeep Singh, Addl. AG, Punjab assisted by SI Lakhwinder Singh.

**** SANJAY VASHISTH , J. (Oral) 1.

Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed here-under:- Name of Petitioner (s) FIR No.

Date Section(s) Police Station District Rajesh Kumar @ Kaku, aged 44 years 23.02.2025 S. 420 of IPC Kahnuwan Gurdaspur 2.

In the present case, on 20.02.2026, following order was passed by the Coordinate Bench this Court:- "

Additional Affidavit of Sh. Kulwant Singh, PPS, Deputy Superintendent of Police, Sub Division Rural, District Gurdaspur, on behalf of the respondent-State has been filed in the Court today which is taken on record. Copy thereof has been supplied to learned counsel for the petitioner.

The petitioner has filed the instant petition under Section

- 2 - 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail in FIR No.10 dated 23.02.2025 registered under Section 420 of Indian Penal Code, 1860 at Police Station Kahnuwan, District Gurdaspur. Learned counsel for the petitioner, inter alia, submits that the petitioner is innocent and has been falsely implicated in the present case. He further submits that the alleged money of Rs.11,80,000/- has been paid by the complainant to the other accused namely Aflak Ahmed who is running "AT&A Visa Hub (OPC) Pvt. Ltd." He has referred to the additional affidavit dated 19.02.2026 filed in the Court today, wherein it has been stated that a sum of Rs.10,30,000/- was transferred in the Account No.50200058899820 in the name of co-accused Aflak Ahmed r/o H.No.C-4/F/F/F/P, Malviya Nagar, South Delhi, Office No.3, New Delhi.

He further submits that as a matter of fact, the petitioner is also a victim of the same fraud committed by the abovesaid company with the petitioner and to support the said contention, he has made reference to the agreement dated 24.01.2023 entered into between the petitioner and the said company. He further submits that similar agreement was entered between the complainant or his son with the said company. He further submits that the petitioner is not involved in any other case and is ready to join the investigation.

Learned State counsel, in terms of the averments made in the status report and additional affidavit, opposes the grant of anticipatory bail to the petitioner.

Adjourned to 09.04.2026.

In the meanwhile, arrest of the petitioner shall remain stayed. He shall join the investigation and co-operate with the investigating agency and shall not leave country without prior permission of this Court."

3.

Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 20.02.2026, passed by this Court, petitioner has joined the investigation, and has fully co-operated. Therefore, he prays for confirmation of the said interim anticipatory bail order.

4.

Learned State counsel on instructions, confirms the said

- 3 - averment made by counsel for the petitioner of joining the investigation on 27.02.2026 by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of investigation.

5.

Heard learned counsel for the parties.

6.

Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 20.02.2026, passed by this Court is hereby made absolute. However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023.

7.

Accordingly, petition stands disposed of, accordingly. 8.

However, present order would be subject to the submission of passport of the petitioner to the Investigating Agency or to Court concerned, if he possesses, within a period of one week from today. Otherwise, he would submit an affidavit, disclosing the fact that he does not possess any passport.

It is clarified that in case, aforesaid condition is not complied with, this order would be considered as non est automatically. Pending misc. application(s), if any, also stand disposed of. (SANJAY VASHISTH) JUDGE April 23, 2026 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No