Jagjeet Singh Alias Niku v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH DECIDED ON: 19.03.2026 JAGJEET SINGH ALIAS NIKU .....PETITIONER
VERSUS
STATE OF PUNJAB AND ANR .....RESPONDENTS
CORAM:
HON'BLE MR. JUSTICE SANJAY VASHISTH.
Present:
Mr. Atul Ravish, Advocate, for the petitioner.
Mr. Neeraj Madaan, Sr. DAG, Punjab.
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 hereunder:- Name & age of Petitioner FIR No.
Date Section(s) Police Station District (s) Jagjeet Singh alias Niku, aged about 43 years 06.02.2024 406, 420, 120-B of IPC Division No.8 Ludhiana 2.
After hearing the submissions addressed by counsel for the petitioner, on 18.11.2025, following order was passed by this Court:- "2.
On oral request made by counsel for the petitioner, complainant namely Harwant Singh, son of Jaswant Singh, resident of H.No.1, Humlog Enclave, Hambran Road, Ayali Khurd, Ludhiana, (mobile No.98159-43690), is hereby ordered to be impleaded as respondent No.2.
Let amended memo of parties be filed by counsel for the petitioner, in the Registry, within a period of three days from today, without moving any separate application.
3.
Learned counsel for the petitioner inter alia, contends, that it is an admitted fact that an amount of Rs.8 lacs was transferred by the complainant to bank account No.921010012077107, Axis Bank, IFSC Code UTIB0003628, which belongs to the petitioner, for the purpose of sending complainant's daughter abroad.
4.
It is argued that petitioner has never met the complainant, and it was co-accused Amit Kumar Ahuja who may have instructed the complainant to deposit the said amount in the petitioner's bank account. The amount received was subsequently diverted to the accounts of other co-accused, and therefore, petitioner cannot be held responsible merely on the basis of the deposit.
It is further submitted that petitioner is willing to join the investigation and fully cooperate, provided he is granted protection from arrest. Thus, counsel prays for grant of anticipatory bail to the petitioner in the present case.
5.
Notice of motion.
6.
On advance notice, Mr. Kanwar Sanjiv Kumar, AAG, Haryana, puts in appearance on behalf of the respondent - State, and seeks some time to file status report in the matter.
7.
Adjourned to 10.12.2025.
8.
Let respondent No.2 be served through dasti process, for the next date of hearing fixed before this Court.
9.
Reply(s), if any, be filed by counsel for the respondents, on or before the next date of hearing."
3.
Relying upon the bank account statements appended with the present petition as Annexure P-2, pertaining to the petitioner's bank account bearing No.921010012077107 for the period from 01.11.2021 to 30.11.2021, maintained with Axis Bank, Karnal, learned counsel for the petitioner contends that the account reflects numerous transactions indicating both inflow and outflow of funds.
It is argued that even if the allegation regarding the deposit of Rs.8 lakhs in the petitioner's bank account is assumed to be correct, after a lapse of nearly three years, it cannot be conclusively inferred that the said amount was deposited by the complainant for the purpose of sending his daughter abroad. It is further submitted that the alleged bank transactions pertain to November 2021, whereas FIR in question came to be registered on 06.02.2024.
4.
On this basis, learned counsel submits that there is an inordinate and unexplained delay in the registration of FIR, thereby raising a reasonable apprehension of embellishment or concoction of the prosecution version. It is also submitted that petitioner is willing to join the investigation and extend full cooperation, in case, he is granted protection from arrest by this Court. Thus, prayer has been made for the grant of anticipatory bail to the petitioner in the present case. 5.
Per contra, learned State counsel, while opposing the prayer for anticipatory bail, submits that such offences are on the rise in the State of Punjab, where innocent persons are being defrauded on false pretexts. It is, therefore, contended that petitioner does not deserve the concession of anticipatory bail.
6.
This Court has heard the submissions advanced by learned counsel for the parties and has perused the record available on file. 7.
Prima facie, the argument advanced by learned counsel for the petitioner appears to carry weight. FIR has been registered in February 2024, whereas the alleged bank transactions have taken place in November, 2021. In the absence of any written agreement or
contemporaneous document, no definitive conclusion can be drawn, at this stage, that the amount in question was deposited by the complainant in the petitioner's account for the purpose of facilitating the travel of his daughter abroad, as alleged in the FIR.
8.
Accordingly, this Court deems it appropriate to dispose of the present petition, with a direction to the petitioner to join the investigation within two weeks from today, or as and when called by the investigating agency, and in the eventuality of the arrest, petitioner would be released on anticipatory 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, 2023 (earlier Section 438(2) Cr.P.C.).
9.
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. 10.
With the directions passed here above, present petition stands disposed of.
(SANJAY VASHISTH) 19.03.2026 JUDGE Lavisha Whether speaking/reasoned Yes/No Whether reportable Yes/No