STATE OF HARYANA STATE OF v. VERSUS
Case Details
CRM-M-46685 46685-2025 (O&M) 8587 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CHANDIGARH 107 RAHUL CRM-M-46685-2025 (O&M) (O&M) DECIDED ON: 29.10.202 .2025 STATE OF HARYANA STATE OF VERSUS VERSUS .....PETITIONER .....PETITIONER .....RESPONDENT .....RESPONDENT SURYA PRATAP SINGH CORAM: HON'BLE MR. JUSTICE SURYA PRATAP SINGH CORAM: HON'BLE MR. JUSTICE Present: Mr. Rahul Gautam, Advocate for , Advocate for the petitioner.
Legal Reasoning
r Aggarwal, Addl. A.G., Haryana. Mr. Parveen Kumar Aggarwal, Addl. A.G., Haryana. SURYA PRATAP SINGH, J (ORAL) SURYA PRATAP SINGH 1. The present petition has been filed under Section 482 of the The present petition has been filed under Section 482 of the The present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking grant of anticipatory bail in case petitioner seeking grant of anticipato ry bail in case arising out of FIR No. FIR No.26 dated 06.04.2024 registered under Section dated 06.04.2024 of IPC Police registered under Sections 406 and 420 of IPC Police Station Cyber Crime, Panchkula. Station Cyber Crime, Panchkula. 2. aforementioned FIR was registered on the basis of a The aforementioned FIR was registered on the basis of a aforementioned FIR was registered on the basis of a complaint lodged by the complainant Rupinder Kaur, complaint lodged b y the complainant Rupinder Kaur, alleging therein that alleging therein that in the morning of 13.02.2024 she had received a call on her cellphone from an the morning of 13.02.2024 she had received a call on her cellphone from an the morning of 13.02.2024 she had received a call on her cellphone from an the morning of 13.02.2024 she had received a call on her cellphone from an international number, and that the caller while pretending international number, to be a the caller while pretending himself to be a relative of the complainant, told her to transfer an amount of Rs. relative of the complainant, told h er to transfer an amount of Rs.6,00,000/ 6,00,000/- As per by saying that he was in need of immediate financial assistance. As per by saying that he was in need of immediate financial assistance. by saying that he was in need of immediate financial assistance. GAURAV THAKUR 2025.10.31 09:57 I attest to the accuracy and integrity of this document CRM-M-46685 46685-2025 (O&M) 8587 2 complainant thereafter, the caller threatened her complainant thereafter, the caller if the threatened her of dire consequences, if the aforementioned amount was not transferred. According to complainant, s aforementioned amount was not transferred. aforementioned amount was not transferred. According to complainant, she disclosed by the caller, was made to transfer the money in the bank account disclosed by the caller, was made to transfer the money in the bank account was made to transfer the money in the bank account so under continuous threats given by him. She was and she continued to do so under continuous threats given by him. She was so under continuous threats given by him. She was and she continued to do ow money from her relatives and acquaintances. She was even made to borrow money from her relatives and acquaintances. She was ow money from her relatives and acquaintances. She was even made to borr made to pay a total amount of Rs. de to pay a total amount of Rs.5,99,000/ by way of cheque, cash deposits 5,99,000/- by way of cheque, cash deposits ded an and Gpay. The same caller called her the next day and demanded an and Gpay. The same caller called her the next day and deman and Gpay. The same caller called her the next day and deman additional amount of Rs.9,00,000/-. While realising that sh additional amount of Rs. e had been . While realising that she had been cheated and defrauded, she reported the matter to the police. cheated and defrauded, she reported the matter to the police. cheated and defrauded, she reported the matter to the police. 3. As per prosecution, after registration of FIR, investigation fter registration of FIR, the investigation was initiated initiated and during investigation, co accused Chirag Mongia, Sahil and investigation, co-accused Chirag Mongia, Sahil and ffered disclosure statements on the Mohit Chaudhary were arrested, who suffered disclosure statements on the ffered disclosure statements on the Mohit Chaudhary were arrested namely Yash Sharma, Bir Singh and Ram basis of which other co-accused, namely Yash Sharma, Bir Singh and Ram namely Yash Sharma, Bir Singh and Ram basis of which other co were nominated. Accused Bir Singh and Ram Saran were arrested Saran, were nominated. Accused Bir Singh and Ram Saran were arrested were nominated. Accused Bir Singh and Ram Saran were arrested were nominated. Accused Bir Singh and Ram Saran were arrested and they too suffered disclosure statements on the basis of which the present and they too suffered disclosure statements on the basis of which the present and they too suffered disclosure statements on the basis of which the present and they too suffered disclosure statements on the basis of which the present titioner was nominated as an accused. Apprehending his arrest, the petitioner was nominated as an accused. Apprehending his arrest, the titioner was nominated as an accused. Apprehending his arrest, the titioner was nominated as an accused. Apprehending his arrest, the arrest bail, which was petitioner moved an application for grant of pre-arrest bail, which was petitioner moved an application for grant of pre petitioner moved an application for grant of pre dismissed by the Court of learned Additional Sessions Judge, Panchkula dismissed by the Court of learned Additional Sessions Judge, Panchkula dismissed by the Court of learned Additional Sessions Judge, Panchkula dismissed by the Court of learned Additional Sessions Judge, Panchkula vide order dated 22.07.2025. vide order dated 22.07.2025. 4. 5. Notice of motion. Since advance notice has already been served upon the State, Since advance notice has already been served upon the State, Since advance notice has already been served upon the State, accepts notice on Mr. Parveen Kumar Aggarwal, Addl. A.G., Haryana accepts notice on Mr. Parveen Kumar Aggarwal, Addl. A.G., Haryana Mr. Parveen Kumar Aggarwal, Addl. A.G., Haryana State, and waives service. behalf of respondent-State, and waives service. behalf of respondent 6. Heard. GAURAV THAKUR 2025.10.31 09:57 I attest to the accuracy and integrity of this document CRM-M-46685 46685-2025 (O&M) 8587 3 7. It has been contended on behalf of that he has has been contended on behalf of the petitioner that he has been falsely implicated in this case on the basis of disclosure statements of been falsely implicated in this case on the basis of disclosure statements of been falsely implicated in this case on the basis of disclosure statements of been falsely implicated in this case on the basis of disclosure statements of co-accused which cannot be considered to be admissible in evidence. He accused, which cannot be considered to be admissible in evidence. He which cannot be considered to be admissible in evidence. He was not named in the FIR. There is no material to show that he had derived was not named in the FIR. There is no material to show that he had derived was not named in the FIR. There is no material to show that he had derived was not named in the FIR. There is no material to show that he had derived y transaction. Neither any money was transferred in his any benefit from any transaction. Neither any money was transferred in his y transaction. Neither any money was transferred in his any benefit from an account nor his bank account had been used. The bank account through account nor his bank account had been used. The bank account through account nor his bank account had been used. The bank account through account nor his bank account had been used. The bank account through which the money of the complainant had been deposited and transferred which the money of the complainant had been deposited and transferred which the money of the complainant had been deposited and transferred which the money of the complainant had been deposited and transferred s. No recovery further, did not belong to him. He has no criminal antecedents. No recovery further, did not belong to him. He has no criminal antecedent further, did not belong to him. He has no criminal antecedent has been effected from him. He has been made a scapegoat. His custodial has been effected from him. He has been made a scapegoat. His custodial has been effected from him. He has been made a scapegoat. His custodial has been effected from him. He has been made a scapegoat. His custodial interrogation is not required. He is ready to join the investigation and to interrogation is not required. He is ready to join the investigation and to interrogation is not required. He is ready to join the investigation and to interrogation is not required. He is ready to join the investigation and to abide by the terms and conditions. abide by the terms and conditions. 8. Per contra, the learned State that the instant earned State Counsel has argued that the instant one is the case of cyber crime. The petitioner in connivance with the co- one is the case of cyber crime. The petitioner in connivance with the co one is the case of cyber crime. The petitioner in connivance with the co one is the case of cyber crime. The petitioner in connivance with the co accused had deprived the complainant of a huge amount of money and accused had deprived the complainant of a huge amount of money and accused had deprived the complainant of a huge amount of money and accused had deprived the complainant of a huge amount of money and caused wrongful loss to her by cheating. His active participation in the said caused wrongful loss to her by cheating. His active participation in the said caused wrongful loss to her by cheating. His active participation in the said caused wrongful loss to her by cheating. His active participation in the said crime has been revealed, as the co-accused Ram Saran crime has been revea whose bank account accused Ram Saran, whose bank account had been used for transfer of some part of the money extracted from the had been used for transfer of some part of the money extracted from the had been used for transfer of some part of the money extracted from the had been used for transfer of some part of the money extracted from the disclosed that he had provided his bank account to the complainant, disclosed that he had provided his bank account to the disclosed that he had provided his bank account to the complainant petitioner and co-accused Pankaj Kumar. The custodial interroga petitioner tion of the . The custodial interrogation of the petitioner is must for conducting thorough investigation in the matter. Online petitioner is must for conducting thorough investigation in the matter. Online petitioner is must for conducting thorough investigation in the matter. Online petitioner is must for conducting thorough investigation in the matter. Online fraud has exceptional ground been committed with the victim, and that no exceptional ground been committed with the victim, and that no made out. for grant of anticipatory bail is made out. for grant of anticipatory bail 9. The record has been perused carefully. The record has been perused carefully. 10. petitioner is alleged to have A perusal of record shows that the petitioner is alleged to have A perusal of record shows that the GAURAV THAKUR 2025.10.31 09:57 I attest to the accuracy and integrity of this document connived with the members of a gang involved in committing online frauds/ connived with the members of a gang involved in committing online frauds/ connived with the members of a gang involved in committing online frauds/ connived with the members of a gang involved in committing online frauds/ CRM-M-46685 46685-2025 (O&M) 8587 4 accused to provide their cheatings and is alleged to have induced other co-accused to provide their cheatings and is alleged to have induced other co cheatings and is alleged to have induced other co ose very bank accounts has been bank accounts in lieu of some money, those very bank accounts has been bank accounts in lieu of some money, th bank accounts in lieu of some money, th used for the purpose of transferring money received from the complainant. used for the purpose of transferring money received from the complainant. used for the purpose of transferring money received from the complainant. used for the purpose of transferring money received from the complainant. For the purpose of conducting deeper probe and thorough investigation to For the purpose of conducting deeper probe and thorough investigation to For the purpose of conducting deeper probe and thorough investigation to For the purpose of conducting deeper probe and thorough investigation to elicit information as to how the bank accounts as provided to other accused elicit information as to how the bank accounts as provided to other accused elicit information as to how the bank accounts as provided to other accused elicit information as to how the bank accounts as provided to other accused in-connivance with the petitioner had been used and also to elicit connivance with the petitioner, had been used and also to elicit had been used and also to elicit accused and the manner in which the information about the identity of the co-accused and the manner in which the accused and the manner in which the information about the identity of the co committed, the custodial interrogation of the petitioner is subject crime was committed, the custodial interrogation of the petitioner is committed, the custodial interrogation of the petitioner is subject crime must. 11. t the Court must be circumspect while It is well settled that the Court must be circumspect while t the Court must be circumspect while exercising such power for grant of anticipatory bail and it should not be exercising such power for grant of anticipatory bail and it should not be exercising such power for grant of anticipatory bail and it should not be exercising such power for grant of anticipatory bail and it should not be granted as a matter of rule and has to be granted only when the Court is granted as a matter of rule and has to be granted only when the Court is granted as a matter of rule and has to be granted only when the Court is granted as a matter of rule and has to be granted only when the Court is convinced that exceptional circumstances exist to resort to that extra convinced that exceptional circumstances exist to resort to that extra convinced that exceptional circumstances exist to resort to that extra convinced that exceptional circumstances exist to resort to that extra ordinary remedy. ordinary remedy. 12. In the present case, at the very outset, it is pertinent to mention In the present case, at the very outset, it is pertinent to mention In the present case, at the very outset, it is pertinent to mention here that the petitioner is seeking extraordinary remedy by claiming the here that the petitioner is seeking extraordinary remedy by claiming the here that the petitioner is seeking extraordinary remedy by claiming the here that the petitioner is seeking extraordinary remedy by claiming the benefit of anticipatory bail. With regard to such relief, the Hon'ble Supreme benefit of anticipatory bail. With regard to such relief, the Hon'ble Supreme benefit of anticipatory bail. With regard to such relief, the Hon'ble Supreme benefit of anticipatory bail. With regard to such relief, the Hon'ble Supreme Srikant Upadhyay v. State of Bihar 2024 SCC OnLine Court in the case of Srikant Upadhyay v. State of Bihar 2024 SCC OnLine Srikant Upadhyay v. State of Bihar 2024 SCC OnLine Court in the c , has observed that power to grant anticipatory bail is extraordinary SC 282, has observed that power to grant anticipatory bail is extraordinary , has observed that power to grant anticipatory bail is extraordinary , has observed that power to grant anticipatory bail is extraordinary power, and that irrespective of the fact that in a number of cases, it has been power, and that irrespective of the fact that in a number of cases, it has been power, and that irrespective of the fact that in a number of cases, it has been power, and that irrespective of the fact that in a number of cases, it has been held that bail is a rule, it cannot; y stretch of imagination, be said that that bail is a rule, it cannot; by any stretch of imagination, be said that y stretch of imagination, be said that anticipatory bail is a rule. anticipatory bail is a rule. 13. The Hon'ble Supreme Court in the above mentioned case has 'ble Supreme Court in the abovementioned case has further observed that rule of anticipatory bail is a question of judicial further observed that rule of anticipatory bail is a question of judicial further observed that rule of anticipatory bail is a question of judicial further observed that rule of anticipatory bail is a question of judicial GAURAV THAKUR 2025.10.31 09:57 I attest to the accuracy and integrity of this document es of each case. discretion depending upon the facts and circumstances of each case. discretion depending upon the facts and circumstanc discretion depending upon the facts and circumstanc CRM-M-46685 46685-2025 (O&M) 8587 5 lled upon to exercise the According to Hon'ble Apex Court, when called upon to exercise the According to Hon'ble Apex Court, when ca According to Hon'ble Apex Court, when ca said power the Court concerned has to be very cautious, as the grant of abovesaid power the Court concerned has to be very cautious, as the grant of said power the Court concerned has to be very cautious, as the grant of said power the Court concerned has to be very cautious, as the grant of interim protection to the accused in serious cases may lead to miscarriage of interim protection to the accused in serious cases may lead to miscarriage of interim protection to the accused in serious cases may lead to miscarriage of interim protection to the accused in serious cases may lead to miscarriage of mper the investigation. justice and may hamper the investigation. justice and may ha 14. Nikita Jagganath Shetty alias Nikita Similarly, in the case of Nikita Jagganath Shetty alias Nikita Nikita Jagganath Shetty alias Nikita Vishwajeet Jadhav v. The State of Maharashtra and Another (Special Vishwajeet Jadhav v. The State of Maharashtra and Another (Special Vishwajeet Jadhav v. The State of Maharashtra and Another (Special Vishwajeet Jadhav v. The State of Maharashtra and Another (Special Leave Petition (Criminal) No. 10255 of 2024, decided on 21.07.2024), Leave Petition (Criminal) No. 10255 of 2024, decided on 21.07.2024), Leave Petition (Criminal) No. 10255 of 2024, decided on 21.07.2024), the India has held that anticipatory bail is an Hon'ble Supreme Court of India has held that anticipatory bail is an India has held that anticipatory bail is an Hon'ble Supreme Court of exceptional remedy and it ought not be granted in a routine manner. As per exceptional remedy and it ought not be granted in a routine manner. As per exceptional remedy and it ought not be granted in a routine manner. As per exceptional remedy and it ought not be granted in a routine manner. As per the Hon'ble Supreme Court, there must exist strong reasons for extending the Hon'ble Supreme Court, there must exist strong reasons for extending the Hon'ble Supreme Court, there must exist strong reasons for extending the Hon'ble Supreme Court, there must exist strong reasons for extending grave indulgence of this extraordinary remedy to a person accused of grave indulgence of this extraordinary remedy to a person accused of indulgence of this extraordinary remedy to a person accused of offence. 15. Gurbaksh Singh Sibba etc. v. State of Similarly, in the case of Gurbaksh Singh Sibba etc. v. State of Gurbaksh Singh Sibba etc. v. State of - , the Hon'ble Supreme Court of India held that:- Punjab 1980 SCC (2) 565, the Hon'ble Supreme Court of India held that: Punjab 1980 SCC (2) 565 (1) The power under Section 438, Criminal Procedure Code, is of The power under Section 438, Criminal Procedure Code, is of an extraordinary character and must be exercised sparingly in ordinary character and must be exercised sparingly in exceptional cases only. (2) In addition to the limitations mentioned in Section 437, the In addition to the limitations mentioned in Section 437, the In addition to the limitations mentioned in Section 437, the petitioner must make out a special case for the exercise of the petitioner must make out a special case for the exercise of the petitioner must make out a special case for the exercise of the power to grant anticipatory bail. power to grant anticipatory bail. (3) Where a legitimate case for the rema nd of the offender to the Where a legitimate case for the remand of the offender to the police custody under Section 167(2) can be made out by the police custody under Section 167(2) can be made out by the police custody under Section 167(2) can be made out by the investigating agency or a reasonable claim investigating agency or a reasonable claim investigating agency or a reasonable claim to secure to secure to secure incriminating material from information likely to be received incriminating material from information likely to be received incriminating material from information likely to be received from the offender under Section 27 of the Evidence Act can from the offender under Section 27 of the Evidence Act c from the offender under Section 27 of the Evidence Act c be made out, the power under Section 438 should not be be made out, the power under Section 438 should not be be made out, the power under Section 438 should not be GAURAV THAKUR 2025.10.31 09:57 I attest to the accuracy and integrity of this document exercised. CRM-M-46685 46685-2025 (O&M) 8587 6 16. In In In the present case, no such exceptional circumstances the present case, no such exceptional circumstances the present case, no such exceptional circumstances warranting exercise of the powers for grant of anticipatory bail by this Court warranting exercise of the powers for grant of anticipatory bail by this Court warranting exercise of the powers for grant of anticipatory bail by this Court warranting exercise of the powers for grant of anticipatory bail by this Court are existing. Thus, it is hereby held that the are existing. is devoid of that the present petition is devoid of does not deserve to be allowed. Accordingly, the same is dismissed. merits does not deserve to be allowed. Accordingly, the same is dismissed. does not deserve to be allowed. Accordingly, the same is dismissed. does not deserve to be allowed. Accordingly, the same is dismissed. 17. It is, however, clarified that the observations made hereinabove It is, however, clarified that the observations made hereinabove It is, however, clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. shall not be construed as an expression of opinion on the merits of the case. shall not be construed as an expression of opinion on the merits of the case. shall not be construed as an expression of opinion on the merits of the case. 18. Since Since Since the main petition has been dismissed, pending the main petition has been dismissed, pending the main petition has been dismissed, pending application, if any, is rendered infructuous. application, if any, is rendered infructuous. application, if any, is rendered infructuous. Gaurav Thakur Whether speaking/reasoned Whether speaking/reasoned Whether reportable Whether reportable :Yes/No :Yes/No : Yes/No : Yes/No GAURAV THAKUR 2025.10.31 09:57 I attest to the accuracy and integrity of this document