IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ****

221 CRM-M-43042-2025 Date of Decision : 27.10.2025 SURINDER KUMAR @ MOHIT @MOHIT SINGH@ SURENDRA KUMAR ...Petitioner VERSUS STATE OF PUNJAB ...Respondent CORAM: HON’BLE MS. JUSTICE AARADHNA SAWHNEY Present: Mr. Gaurav Vir Singh Behl, Advocate and Mr. Jugraj Singh Chouhan, Advocate for the petitioner.

Mr. Gautam Thapar, Sr. DAG, Punjab.

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AARADHNA SAWHNEY, J. (ORAL)

1. This petition for grant of bail under Section 483 BNSS, has been filed by petitioner, an accused in case bearing FIR No.09 dated 02.05.2025 registered against him at Police Station Cyber Crime, District Malerkotla, at the instance of Narinderjit Kaur Patel (complainant), for the commission of offences punishable u/s 318(4), 61(2) and Section 66(D) of Information Technology Act (Sections 111, 336(3), 340(2)of BNS added later on).

2. Relevant facts as emerging from documents on record be noticed hereinbelow:-

Narinderjit Kaur Patel, wife of Deepak Arbind Patel, resident of Bishangarh, Sandaur, District Malerkota, set the criminal law in motion by filing a complaint pointing therein that on the pretext of posting reviews on YouTube videos and google etc., she was added to social networking App “Telegram” and was assured of financial benefits. Initially, to win her trust, after she “liked” and “subscribed” few shots/videos etc., some money was deposited in her account. She was later induced to be member of an ‘online’ group, headed by a financial expert, who claimed to guide investors and assured them of better monetary returns, if his advice is followed. Somehow, she got taken in, in these false assurances and transferred Rs.1,00,000/-. Thereafter, she was moved to another ‘online’ group where she was told that to withdraw her funds, she would have to complete further tasks by investing more amount. Complainant claims to have transferred approximately Rs.16.5 lacs. Though, on each occasion, she claims to have completed the task assigned but shockingly enough, the money invested by her was not returned. Rather, she was forced to deposit more money to withdraw already invested amount. Towards the end, complainant alleged that fraudsters demanded Rs.35 lacs for withdrawing the initial money deposited by her, she sensed something fishy, blocked her bank account and moved a complaint with the local police officials, requesting them to initiate appropriate criminal proceedings.

Allegations levelled in the complaint were enquired into and on finding substance in the same, a formal case vide FIR No.09 dated 02.05.2025, u/s 318(4), 61(2) and Section 66(D) of Information Technology Act was registered at the Cyber Crime Police Station, District Malerkotla.

During the course of investigation, it came to the notice of the IO that Rs.3 lacs had been transferred by complainant, to an account in the Union Bank bearing No. 000007489228998 bearing IFSC Code CIUB0000798, the said account was found to be in the name of Vijay Semil, son of Balister Semil, resident of Ward No.15, Radha Colony Birla Nagar, VPO Gird, District Gwalia (Madhya Pradesh), who was arrested on 03.05.2025. During interrogation, Vijay Semil disclosed the name of the present petitioner, namely, Surinder Kumar @ Mohit @ Mohit Singh, son of Moola Ram, resident of Bhinyad, District Barmer, Rajasthan. Consequently, present petitioner was also arrested. Both Vijay Semil and present petitioner, disclosed that another person was also involved in the incident. Mobile Phone handsets bearing different SIM cards, which were in possession of the present petitioner were take into possession by the IO, who also arrived at a conclusion that the money had been transferred from the account of the complainant to the account of various other persons (Arvind, son of Sain Ram, r/o Viramnagar, Kansar, District Jodhpur and Anshul Kumar Aggarwal, son of Arun Kumar, r/o House No.1553, Sector 9, Ambala City), none of whom have been arrested. Police authorities also found that petitioner ha