Akshina Sauhta v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:104390 Date of decision: August 10th, 2023 Akshina Sauhta .....Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Rajat Khanna, Mr. Aditya Pratap Singh, Mr. Vijay Pratap Singh and Mr. Vishal Saini, Advocates for the petitioner.

Mr. Adhiraj Singh, Assistant Advocate General, Punjab. Mr. Inderpreet Singh and Mr. Pranav Chadha, Advocates for the complainant.

MANJARI NEHRU KAUL, J.

Prayer in this petition is for grant of bail to the petitioner in case FIR No.218 dated 17.10.2019 under Sections 406, 420, 120-B of the IPC registered at Police Station Phase-1, S.A.S. Nagar. Learned counsel for the petitioner, while drawing the attention of this Court to the allegations levelled in the FIR, submits that the only role attributed to the petitioner was that she had introduced the complainant to co-accused Ankit Chahal. Learned counsel submits that allegedly co-accused and the complainant, after being introduced by the petitioner, were to start a restaurant namely Moksh.

Learned counsel has submitted that whatever transpired thereafter was between co-accused Ankit Chahal and complainant and the petitioner had no rule to play thereafter. Learned counsel has further submitted that the offences are triable by Magistrate and after

she was arrested on 01.05.2023, investigation is complete and challan stands presented. It has also been submitted that the petitioner has clean antecedents and is not involved in any other case. Per contra, learned State counsel, assisted by learned counsel for the complainant, has vehemently opposed the prayer and submissions made by the counsel opposite. It has been submitted that the co-accused misappropriated a total amount of
45 lakh which was given by the complainant. Out of which
35 lakh was paid through cheque while the remaining was in cash. Still further, an amount of
3,93,000/- was given by co-accused Ankit Chahal to the petitioner by way of her commission. They have thus submitted that it was evident that she was also an active participant in the crime in question and had played a fraud upon the complainant.

I have heard learned counsel for the parties and perused the relevant material on record.

The petitioner has been in custody since 01.05.2023 and there is no likelihood of the trial concluding in near future as charges are likely to be framed only on the next date of hearing. It is a matter of record that co-accused Ankit Chahal, who had entered into an agreement with the complainant to start their business and who had allegedly obtained money in the sum of
45 lakh from the complainant, has since been extended the concession of bail. In the facts and circumstances as enumerated hereinabove, this Court deems it fit to extend the concession of bail to the petitioner. The petition is, therefore, allowed. The petitioner be

admitted to bail to the satisfaction of the Trial Court/Duty Magistrate concerned. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.

August 10th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No