Sushant Kaushik v. State Of Punjab









 

 








 



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1. Through the instant petition, as instituted under Section 438 of the Cr.P.C., the petitioner seeks the concession of anticipatory bail, in case FIR No.05 dated 25.11.2023, under Sections 406 and 420 of the IPC, and, Section 24 of the Emigration Act, 1983, registered at P.S. N.R.I., District Patiala.

2.

Succinctly stated, the allegations against the petitioner are that, he sent the complainant and his wife to Ukraine with assurance of work permit, but, they were sent there on study permit and even the T.R.C. card issued to them was found to be fake. In this way, the petitioner cheated the complainant for Rs.15,00,000/-.

3.

The learned counsel for the petitioner submits that the story of work permit, as cooked up by the complainant,

 is in fact totally false, inasmuch as, the complainant and his wife were to be sent to Ukraine on study visa and they were accordingly sent there on study visa. He further submits that, owing to bad conduct of the complainant, he was thrown out of the University concerned. Thereafter, on account of outbreak of dispute between Russia and Ukraine, the complainant and his wife returned to India and then filed a false complaint, just to recover the amount which was given by them to the petitioner for sending them to Ukraine on study visa.

4.

Notice of motion for 13.08.2024.

5.

Mr. Pardeep Bajaj, D.A.G., Punjab, accepts notice on behalf of respondent-State of Punjab.

6.

In the meantime, the petitioner is directed to join the investigation and to appear before the investigating agency, as and when called upon to do so. In the event of his arrest, he shall be admitted to interim bail on his furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 438(2) Cr.P.C.5


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