Anticipatory bail is denied in cases of serious allegations involving cyber financial fraud, emphasizing the necessity for custodial interrogation to ensure thorough investigation and address broader conspiratorial implications.

JUDGMENT :

SUMEET GOEL, J.

1. Present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNS S ’) for grant of pre-arrest/anticipatory bail to the petitioner in case bearing FIR No.19 dated 16.09.2024, registered for the offences punishable under Sections 318 (4) of , at Police Station Cyber Police Station, Narnaul.

2. The gravamen of the FIR in question reflects that the complainant namely Udai Singh, son of Shri Tulsi Ram and resident of Plot No. 477, HUDA, Sector-1, Narnaul, filed a written complaint concerning fraudulent withdrawals from his joint account (No.0360009900000377) maintained with his wife, Smt. Sumitra Yadav, at Punjab National Bank, Branch New Mandi, Narnaul. He alleged that on 31.08.2024, the complainant received calls from two mobile numbers i.e. 9306038251 at 12:58 PM and 9782238028 at 3:09 PM purportedly from a bank official, requesting payment of loan interest. The complainant informed the caller that he had already made advance payments toward the loan and as such no interest was due. The caller thereafter alleged that the amount had already been withdrawn from the loan account and, thus, prompting the complainant to visit the branch. Upon examination of the account statement at the bank, the complainant discovered unauthorized debit transactions amounting to Rs.25,00,000. It has been further alleged by the complainant that specifically, three transactions of Rs.5,00,000 each (two via RTGS and one via IMPS) were recorded on 09.08.2024, and two additional transactions of Rs.5,00,000 each (one via RTGS and one via IMPS) were recorded on 10.08.2024. These withdrawals were carried out without his knowledge or consent. The complainant further stated that he does not use internet banking for this account and suspects that the amount was fraudulently withdrawn by unidentified individuals. Accordingly, a formal complaint was lodged with the Branch Manager of Punjab National Bank, Narnaul, and an online complaint (No. 21309240036593 dated 03.09.2024) was also filed through the Cyber Crime portal. On these set of allegations, instant FIR under Sections 318 (4) of the BNS , 2023 was registered and investigation ensued.

3. Learned counsel for the petitioner iterated that the alleged fraudulent transactions took place on or before 31.08.2024, whereas the complainant lodged the complaint on the Cyber Portal only on 03.09.2024 and no plausible explanation has been provided for this delay, which casts doubt on the veracity of the complaint. Learned counsel asserts that the instant FIR has been registered against unknown persons and the petitioner has not been named as an accused in the FIR and hence there is not direct allegations made against him. Learned counsel has further iterated that the petitioner has been suffering from neurological and psychiatric disorders since the year 2017 and is currently under medical treatment, copy whereof has been annexed as Annexure P-2 with the instant petition. According to learned counsel, owing to mental health condition of the petitioner, he has been unable to manage or open a bank account independently. A close relative, who is a co-accused in this case, exploited the vulnerability of the petitioner by opening a bank account in his name and registering his own mobile number for operating the same. It is further submitted by the learned counsel that the petitioner has no knowledge about the alleged credit of funds in his account which is being solely operated by the co-accused, w