CRM-M No. 15176 of 2011 **** Sat Pal Kohli vs. State of Punjab Present: Mr. Vikram Chaudhary, Advocate for the petitioner. Mr. S. S. Chandumajra, DAG, Punjab. **** This is a petition for anticipatory bail filed in case bearing FIR No. 208 dated 25.06.2010, under Section 420 IPC registered at Police Station Sadar Amritsr. The allegations are that the money was paid to the petitioner and his brother for arranging recruitment in the bank in which the brother was a Manager. As per the complainant the brother of the petitioner and his wife had specifically given cheques of the amount to the complainant which had also bounced. Learned counsel for the petitioner has argued that these allegations reveal that the petitioner was not a beneficiary. Otherwise his brother and his wife would not have given the cheques for the entire amount. Learned counsel has further argued that the petitioner has been named because now this separated brother is absconding. Learned DAG has argued that the complicity of the petitioner cannot be ruled out and, therefore, his custodial interrogation should be permitted. No doubt the complainant has been defrauded. However, this is not a case where an innocent person per se has been defrauded but a case where a person has been defrauded of the money paid as a bribe. In these circumstances explicit reliance cannot be placed on the allegation made by CRM-M No. 15176 of 2011 -2- the complainant who is himself admitted to be adopting dishonest means. At this stage the argument of learned counsel for the petitioner that such a person can even falsely implicate some body cannot be ruled out. Consequently I deem it appropriate to grant the concession of anticipatory bail to the petitioner. In case he is arrested, he shall be released on bail by the investigating officer to his satisfaction subject to the conditions envisaged under Section 438(2) Cr.P.C. Petition stands disposed of. ( AJAY TEWARI ) JUDGE May 25, 2011 sunita