VIJAY KHOKHAR Vs. U.T. OF J&K

JUDGEMENT

(1.) Petitioner-Vijay Khokhar has invoked the jurisdiction of this Court under Sec. 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 apprehending arrest in case FIR No. 0048/2025 dtd. 18/8/2025 under Ss. 409& 420 IPC registered at Police Station Economics Offences Wing, Crime Branch, Jammu. The necessity to file this petition has arisen in the backdrop of the fact that the trial Court has rejected the prayer of the petitioner for grant of bail in anticipation of arrest vide order dtd. 29/8/2025.

(2.) The relevant facts as emerged from the petition in brief are that the petitioner is a Follower in Police department and presently posted in JKAP 7th Battalion, Channi Himmat, Jammu. One-Sanjeev Sharma said to have lodged a complaint against the petitioner, alleging therein that petitioner is carrying the business of chit fund under the name and style of M/s Mala Enterprises Auction Group and said to have embezzled the amount to the tune of Rs.34.25 lacs. The said compliant led to registration of formal case, however, according to the petitioner, the matter is purely of civil nature, but in order to harass him, same has been given the colour a criminal case. The said business is being run by the wife of the petitioner, however, in any case, he cannot be made to suffer on account of any transaction made between his wife and the third person. The petitioner has also adumbrated the conventional ground of innocence, non-commission of offence and in case admitted to bail in anticipation of arrest will abide by all the conditions so imposed.

(3.) On the other hand, respondents have filed the objections and resisted the application, mainly, on the ground that for the alleged acts of commission and omission by the petitioner, a preliminary enquiry has been conducted which led to registration of a case, particularly, in view of the fact that he being a member of disciplinary force indulged in business, as he has been found running a company under the name and style of M/s Mala Enterprises and he owes a huge amount of Rs.34.25 lacs. In addition, learned counsel appearing for the respondents vehemently argued that petitioner is also facing another FIR forsimilar offence and is in habit of cheating public at large despite being a member of police.