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Gurcharan Singh v. State Of Punjab

Gurcharan Singh v. State Of Punjab

(High Court Of Punjab And Haryana)

CRM-M-27538-2022 (O&M) | 05-07-2022

HARNARESH SINGH GILL, J.

1. Through this second petition under Section 438 Cr.P.C., the petitioner seeks anticipatory bail in case FIR No. 16 dated 26.02.2022 registered under Sections 420, 120-B IPC, at Police Station Sadar Nawan Shahar, District SBS Nagar.

2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case; that the complainant asked the petitioner about the persons engaged in the business of sending the persons abroad and that the petitioner has nothing to do with the alleged crime. It is not disputed that the earlier petition of the petitioner was dismissed as withdrawn on 30.05.2022.

3. I have heard the learned counsel for the petitioner and have also gone through the paper-book.

4. The allegation against the petitioner and other co-accused is that they have committed fraud of Rs. 5,24,000/- on the pretext of sending the complainant abroad. The petitioner is also involved in FIR No. 28 dated 27.02.2022, registered under Sections 420, 120-B IPC at Police Station Rahon, FIR No. 70 of 2001, registered under Sections 323, 324 IPC at Police Station Balachaur and FIR No. 45 of 2020, registered under Sections 406, 420 IPC at Police Station City Balachaur.

5. Considering the nature of allegations and criminal antecedents of the petitioner, this Court is of the opinion that the custodial interrogation of the petitioner to unearth the racket of the people involved in human trafficking (Kabooterbazi) is necessary. Therefore, I do not find any ground to grant him the concession of anticipatory bail to the petitioner.

6. In view of the above, the present petition is dismissed.

Advocate List

  • Mr. Kewal Krishan, Advocate

Bench
  • HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Eq Citations
  • NON REPORTABLE
  • LQ/PunjHC/2022/13801
Head Note

A. Criminal Procedure Code, 1973 — S. 438 — Anticipatory bail — Grant of — Allegation against petitioner and other co-accused that they have committed fraud of Rs. 5,24,000/- on pretext of sending complainant abroad — Petitioner also involved in other FIRs registered under Ss. 420, 120-B IPC and 323, 324 IPC — Considering nature of allegations and criminal antecedents of petitioner, held, custodial interrogation of petitioner to unearth racket of people involved in human trafficking (Kabooterbazi) is necessary — Therefore, no ground to grant him concession of anticipatory bail — Petition dismissed — Penal Code, 1860 — Ss. 420, 120-B — Human trafficking — Criminal Trial — Investigation — Custodial interrogation B. Criminal Procedure Code, 1973 — S. 438 — Anticipatory bail — Grant of — Allegation against petitioner and other co-accused that they have committed fraud of Rs. 5,24,000/- on pretext of sending complainant abroad — Petitioner also involved in other FIRs registered under Ss. 420, 120-B IPC and 323, 324 IPC — Considering nature of allegations and criminal antecedents of petitioner, held, custodial interrogation of petitioner to unearth racket of people involved in human trafficking (Kabooterbazi) is necessary — Therefore, no ground to grant him concession of anticipatory bail — Petition dismissed — Penal Code, 1860 — Ss. 420, 120-B — Human trafficking — Criminal Trial — Investigation — Custodial interrogation