IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

224 *****

CRM-M No.61637 of 2025 Date of decision : 10.11.2025 Akash alias Akash Kumar ………….Petitioner Versus State of Haryana …….Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Prashant Sethi, Advocate, for the petitioner Mr. Gurmeet Singh, AAG, Haryana ---

SUMEET GOEL, J. (ORAL)

1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.75 dated 10.3.2025 under Sections 318(4) and 61(2) of Bharatiya Nyaya Sanhita, 2023 (Sections 66-C and 66-D of Information technology Act, 2000 added later on), registered at Police Station Cyber Crime, NIT, Faridabad, District Faridabad.

2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-

‘TO, The SHO Cyber Crime Branch NIT, Faridabad. Subject: Report of. Cyber Crime. Sir, I, Nihal Singh, S/o Sh. Sita Ram Sharma R/o House No. 64, Gali No. 2, Párvatiya Colony, NIT, Faridabad, Haryana, am here to bring to your notice a case of cyber fraud cheating with me. I, own and maintain a mobile No.9818021040 and having a Facebook Account Nihal Singh linkediththismobilenumber. While surfing on my Facebook account I. found a group namely 'Live High-Profile Life, who pretended themselves as advisors for share market trading. As soon as I clicked the option, I became member of the group. The admin person narrated me their nature of business and tried getting me involved in the business, but I denied. Another day I got a WhatsApp message from one Ms, Astha Sharma mobile No.8889706962, who lured me to get involved in the business, upon her lures, I agreed to start the business with Rs.5000/-, They shared a link to me for opening a trading account. Upon filling information and bank details, my account got created in Angel Bloc named application. As soon as I transferred Rs.5000/- in their account on 28.01.2025, the same amount started reflecting in my account. As the time passed, my transactions got increased and the value was getting nurtured. Gradually they attained my faith by allowing disbursals of Rs. 1000/-and Rs.5000/-at different times. A number of times, I transferred sum to their account which collecting showing in my trading application. From 28.01.2025 to 24.02.2025 I transferred a total sum of Rs. 29,06,400/-. The application is showing a sum of Rs.1,56,57,053/- as my principal amount and trading profit thereupon. On 25.02.2025, when I tried getting the amount transferred in my bank account, the application denied. I tried my level best but of no avail. A detailed discussion held with Ms. Anita Rivera 9910587169 (Only WhatsApp Number), Assistant of Group Head Mr. Dinesh Thakkar (Mobile No.7225902453 (Only WhatsApp Number), whereby she demanded 20% of the entire profit as their commission. Whereas, as such no term was decided well before initializing the work, I smelt some foul smell of their mala-fide intention. On my hard perusal, they stopped all the options of withdrawal and are bent upon to fetch 20% of profit on my account. On my further persuasion, they denied any amount to me. This is a group of cyber fraudsters who are now eloped with my principal amount of Rs. 29,06,400/-, You are, therefore, requested to kindly initiate probe into the matter and get the culprit behind bars and get my hard-earned money back at the earliest. I shall be highly thankful to you, yours hopefully, Nihal Singh 9818021040 Note: The above web link has been deleted now and is not showing anywhere SD/-Nihal Singh.’

3. Learned counsel for the petitioner has argued that the petitioner is in custody since 29.3.2025. Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question as he was merely advising the FIR-complainant to invest in the stock/share market. Learned counsel has submitted that the investigation qua the FIR is already