IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on:01.03.2025 Anirudh ...Petitioner Versus State of Haryana ...Respondent Coram : Hon’ble Mrs. Justice Manisha Batra Present: Mr. Vaibhav Sharma, Advocate, for the petitioner.

Mr. Neeraj Poswal, AAG, Haryana.

****

Manisha Batra, J.

1. The instant petition has been filed by the petitioner for grant of anticipatory bail to him in a case arising out of FIR No.3 dated 30.01.2024, registered under Sections 420/120-B IPC at Police Station Cyber Crime, Charkhi Dadri.

2. The aforementioned FIR had been registered on the basis of a written complaint lodged by the complainant Arpita Gupta alleging therein that the accused Gopal Bansal was acquainted to her family and in the month of November, 2023, he contacted her father Amit Gupta and told him that he needed some bank accounts of the persons in whom he could repose trust, for the purpose of deposit of money received by him for business transactions so that he could not face any problem from income tax department. He offered to pay an amount of Rs.20,000/- as commission to her father and assured that all the transactions related to his bank account would be handled by him and all the responsibilities will also be take care of by him. She alleged that since her family was going through tough financial time at that time, therefore, her father agreed to the offer made by accused Gopal Bansal and shared details of his bank account with the co-accused. On 20.11.2023, some amount of money was deposited in the bank account of her father, which was got withdrawn by accused Gopal Bansal and his companions on the same evening and an amount of Rs.20,000/- was paid to her father.

3. As per the allegations, on request of accused Gopal Bansal, her father also shared the details of her bank account with him and money was received in that account also on 21.11.2023, which was also got withdrawn by accused Gopal Bansal. She further alleged that on 29.12.2023, her father was arrested by the Cyber Police in a case FIR No.45/2023, registered under Sections 420/120-B IPC and it was disclosed to them that the amount of money received in their bank accounts was result of fraudulent transactions and accused Gopal Bansal had done so by taking advantage of the trust reposed by her father in him. 4. After registration of the FIR, investigation proceedings have been initiated and are underway.

5. As per the further allegations, during the course of investigation, accused Gopal Bansal was arrested. He suffered a disclosure statement to the effect that it was the petitioner who had induced him to procure different bank accounts for the purpose of transactions of money by alluring him to give commission and to earn substantial amount of money. He further disclosed that out of greed of money and on asking of the petitioner, he had provided details of bank accounts of his family members and himself and thereafter of the complainant and her father. He disclosed that the entire amount of money received in the bank account of his family members and himself had been given to the petitioner and the complainant and her father had also done so. On the basis of his disclosure statement, the petitioner was nominated as an accused and apprehending his arrest, he filed an application for grant of concession of anticipatory bail, which has been dismissed by the learned Sessions Judge, Charkhi Dadri vide order dated 18.09.2024.

6. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of disclosure statement of the co-accused, which cannot be admissible in evidence. Neither he was named in the FIR nor did the complainant level any allegation against him. There is no transaction of any money in his account. He had not been the beneficiary of the money deposited in the bank accounts of the victims. He is ready to join the investigation and his custodial interrogation is not at all required as no recovery is to be effecte