Criminal Misc. No. M-34731 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-34731 of 2010 Date of decision : 23.03.2011 Charanjit Singh ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Arun Takhi, Advocate for the petitioner. Mr. Shilesh Gupta, Deputy Advocate General, Punjab. Mr. H.K. Aurora, Advocate for the complainant. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case registered against the petitioner vide FIR No. 47 dated 03.08.2010 under Sections 406, 420 IPC at Police Station Mehtiana, District Hoshiarpur. Learned counsel for the petitioner contends that in the FIR no particulars have been given as to when the amount was handed over to the petitioner and there is neither any receipt nor any witness. He submits that petitioner is, thus, entitled to the concession of pre-arrest bail. Learned State counsel has, however, opposed the prayer for bail. He submits that petitioner took `95,000/- from the complainant with the promise that son of the complainant shall be sent abroad. He further Criminal Misc. No. M-34731 of 2010 2 submits that petitioner is not cooperating with the investigating agency and recovery is yet to be effected from him. I have heard learned counsel for the parties. The FIR was lodged by Balbir Kaur who stated that a sum of `95,000/- was paid to the petitioner who had promised that her son would be sent abroad. However, the petitioner returned an amount of `43,000/- and refused to return the balance amount. In view of nature of allegations levelled against the petitioner particularly that he duped the complainant of an amount of `52,000/-, I am of the considered view that he is not entitled to concession of bail. It appears that petitioner earlier approached the court of Additional Sessions Judge, Hoshiarpur but the same was dismissed with the observation that he was not cooperating with the investigating agency. In view of above, the present petition is devoid of merit and is hereby dismissed. March 23, 2011 (RAJAN GUPTA) Ajay JUDGE