IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VARUN KHATANA – Appellant
Versus
STATE OF HARYANA – Respondent
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
330 CRM-M-44311-2025(O&M Decided on :23.09.2025 Varun Khatana . . . Petitioner(s)
Versus State of Haryana . . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Ashu Bidhuri, Advocate for the petitioner.
Mr. P.K. Jhanda, Sr. DAG, Haryna.
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SANJAY VASHISTH , J. (Oral)
1. Present petition has been filed under Section 483 of BNSS, seeking regular bail in case FIR No.3 dated 10.01.2025, under Sections 318(4), 336(3), 338, 340, 61 of BNS, registered at Police Station Cyber Crime, District Sonipat.
2. Allegation against the petitioner is that he was a member of a team involved in committing cybercrime. In the course of the investigation, an amount of Rs. 73,496/- was found credited to the bank account of his father, Mr. Ramesh Khatana, whose account was primarily managed by the petitioner, Varun Khatana.
3. Learned counsel for the petitioner argues that as per the allegations, said amount was found credited in the Canara Bank account No. 5550108000287, which is of his father and said amount was deposited by another co-accused, namely Sahayog Gupta. Subsequently, complete amount was withdrawn in cash from the said bank account and petitioner was paid Rs. 20,000/- as commission by the co-accused for facilitating the account number. Additionally, it is informed that during investigation only a sum of Rs. 1500/- is shown to be recovered from the possession of the petitioner.
Counsel for the petitioner further submits that petitioner is a law-abiding citizen and is currently a fourth-year student pursuing the B.A. LL.B. (Five Years Integrated Programme) from a college affiliated with Chaudhary Charan Singh University, Meerut (CCSU). Petitioner is of the age of 23 years and is never found involved in any criminal activity prior to the registration of this case.
Counsel also submits that petitioner is in custody since
01.07.2025. The investigation is complete; however, the trial has not yet commenced. Counsel further submits that if the prayer for bail is not granted, petitioner may suffer irreparable harm to his studies, potentially delaying his professional law course by a year, as attending classes is also mandatory. Therefore, counsel prays for the grant of bail to the petitioner.
3. On the other hand, Mr. P.K. Jhanda, Sr. DAG, Haryana, submits that petitioner is involved in a case of cyber crime and such crimes are at increase in the State, duping the innocent people, who are the bank account holders. Faith of the people is getting eroded with the activities of such kind of elements, who are involved in the cyber crimes. Learned State counsel also relies upon the confessional/disclosure statement of the petitioner, wherein he admits his involvement for getting the amount initially credited in the bank account of his father. Therefore, by relying upon the documentary and technical evidence learned State counsel prays for dismissal of the present petition.
4. I have heard the learned counsel for the parties and perused the relevant material on record.
5. This Court cannot overlook the fact that the offences are triable by the learned Magistrate, and the conclusion of the trial is likely to take considerable time, as the prosecution will need to examine a number of witnesses. The proof of the charges primarily depends on documentary and technical evidence. Additionally, it is relevant that the petitioner is a law student currently enrolled in the fourth year of his course and is required to attend classes regularly. Continued detention may adversely affect his academic progress and future career prospects. In the light of these considerations, this Court deems it appropriate to allow the petitioner’s plea for bail.
Furthermore, interest of the victim/complainant can be safeguarded by directing the petitioner to deposit the amount, which was initially found credited in the bank account of his father. Accordingly, petitioner or his family members are directed to deposit an amo
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