JUDGMENT :

RUPINDERJIT CHAHAL, J.

1. Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.55 dated 30.10.2025 registered under Sections 318(4) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Cyber Crime, District Bhiwani.

2. Brief facts as per the prosecution case are that the petitioner in connivance with other co-accused, duped the complainant for an amount of Rs.3,27,00,000/-. Hence, the present FIR.

3. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. He argued that an amount of Rs.25 lakhs was transferred into his account without his knowledge, consent or participation in any fraudulent scheme. He further argued that Aadesh Kale is the close childhood friend of the petitioner and he contacted the petitioner and induced him to open a current bank account with Bank of Baroda on the name of proprietorship ‘ M/s A to Z Cushion maker’ on the pretext of 20% commission per transaction. Thereafter, said co-accused took cheque book, ATM card and e-mail ID of the petitioner including the SIM Card linked with the said bank account. He further submitted that the petitioner had neither received, nor retained a penny out of the transferred amount, rather he himself is a victim at the hands of co- accused. He further submitted that the entire case is based on documentary evidence which are already in possession of the complainant or the investigating agency, hence, nothing is to be recovered from the petitioner. Learned counsel for the petitioner further submits that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. Hence, he prays that present petition be allowed.

4. After registration of the FIR, investigation has been initiated and is under way. Apprehending his arrest, the petitioner had moved an application for grant of anticipatory bail which has been dismissed by the Court of learned Sessions Judge, Bhiwani, vide order dated 07.01.2026.

5. On the other hand, learned State counsel has opposed the prayer of the petitioner for grant of anticipatory bail on the ground that the allegations levelled against the petitioner are serious in nature. He argued that the petitioner is direct beneficiary of the alleged fraud and has received Rs.25,00,000/- in his bank account from the bank account of the complainant. He further argued that this bank account is in the name of M/s A to Z Cushion maker and the present petitioner is the proprietor of the said firm. He further submitted that the petitioner along with co-accused orchestrated a well planned conspiracy to cheat the complainant for huge sum of Rs.3.27 Crores. He further argued that the petitioner is involved in one more case of similar nature meaning thereby he is a habitual offender. He further submitted that the custodial interrogation of the petitioner is required for a fair and proper investigation in the matter, to unearth the modus operandi of accused; to recover the amount involved in the alleged fraud and identification and arrest of other co-accused. Hence, he prays for dismissal of the petition.

6. Heard.

7. After hearing learned counsel for the parties and considering the material available on record, this court is of the opinion that the allegations against him are serious in nature and the petitioner is direct beneficiary of the alleged fraud. The record prima facie reflects that substantial amounts were transferred to his bank account, and the State has asserted the necessity of custodial interrogation to unearth the modus operandi of the conspiracy and to effect recovery of the cheated amount. The events in entirety indicate towards the existence of a bigger syndicate indulging in dubious activities as a result of which, innocent victims end up being preyed upon by such illusory tactics. While considering the plea for grant of anticipatory bail, t