Nilesh Kumar v. State Of Punjab

 
  
 



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xxxxx 2.

Learned counsel for the petitioner, inter alia, contends that, as per the allegations, complainant claims to have been defrauded by "Proficient Education Immigration and IELTS Company, Focal Point, Ludhiana," for an amount of Rs.15 lakhs. It is alleged that the said amount was taken on the pretext of sending the complainant's wife to New Zealand on a work visa. 3.

Further submits that complainant's wife, namely Jaspreet Kaur, has already gone to New Zealand on 03.08.2023 and is presently well settled there. It is argued that FIR has been lodged nearly a year after her departure, merely as a means to recover the amount paid by the complainant to the petitioner company. Moreover, petitioner is ready to join the investigation and fully cooperate, if protected from arrest by this Court. Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case.

4.

Notice of motion.

5.

On advance notice, Mr. Neeraj Madaan, puts in appearance on behalf of the respondent 6 State, and submits that in fact, as per the agreement executed between the petitioner and the complainant, it was upon the petitioner to provide the work visa to wife of the complainant. 6.

Adjourned to 1061162025.

7.

In the meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad6interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, (earlier Section 438(2) Cr.P.C.).

8.

Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport. It is also directed that before leaving country any time

during trial, petitioner would seek prior permission of the Court."

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