NEHA BHAGOTRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Section 438 Cr.P.C. for pre-arrest bail has been filed by the petitioner - Neha Bhagotra, an accused in FIR No.0181 dated 8.8.2019 for the offence under Section 420 IPC, registered with Police Station City, Kharar.

(2.) Briefly stated, the facts of the case as per the prosecution version are that criminal machinery in this case was set into motion by complainant Janki Paudel, who in a written complaint submitted to SSP, SAS Nagar(Mohali) contended that she is native of Nepal, temporarily residing at Chandigarh; that she had approached Neha Bhagotra and her fiance Ravi Kumar, Proprietor of Rising Consultant for grant of tourist visa for Canada, paying an amount of Rs.9,48,000/- in cash to them on 30.10.2018; the brother of the complainant had raised loan to the tune of Rs.9,37,000/- in Indian currency from the bank by pledging his jewellery; Neha Bhagotra and Ravi Kumar had got passport of the complainant also; the complainant was made to visit Nepal on several occasions for the purpose of medical report, police verification and she spent substantial amount; that despite passage of long time, the accused neither arranged visa for the complainant for Canada as promised nor returned her money and passport, rather threatened to kill her. According to the complainant, she is a widow having a daughter of 9 years and she sought taking of action in the matter.

(3.) On registration of formal FIR, apprehending his arrest in this case, the petitioner had approached the Court of Sessions seeking grant of pre-arrest bail by filing an application, however, her such request was declined by learned Sessions Judge, Mohali vide order dated 4.10.2019. As such, the petitioner has approached this Court asking for similar relief.