S. No.243 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****

CRM-M-58612 of 2025 Date of Decision:28.10.2025 Gaurav @ Gorav .....Petitioner Vs.

State of Haryana .....Respondent CORAM:- HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present:- Mr. Manish Kumar, Advocate and Mr. Avinash Sharma, Advocate for the petitioner.

Mr. R.K. Ambavta, DAG, Haryana, assisted by PSI Kuldeep, ****

Yashvir Singh Rathor, J. (Oral)

1. This is first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in case FIR No.147 dated 27.05.2025 registered under Sections 318(4), 262, 319, 61 of BNS & 66(D) of Information Technology Act at Cyber South Police Station Gurugram, Haryana.

2. Brief facts of the prosecution case are that one complaint dated 27.05.2025 was received at NCRP Portal. Thereafter, complainant was contacted on which Mahesh Chander Upadhyay working with M3M India Pvt. Ltd. submitted a complaint along with complete details mentioning therein that he received whats-app message from mobile number No.7739836834 on 19.05.2025 on his whatsapp as “It’s me Roop Bansal. You’re not reachable and said it’s my new personal No. don’t share with anyone. I am in meeting. So please don’t call and he started giving payment instructions and asking for UTR. He had received multiple instructions and made 24 payments since 19.05.2025 to 27.05.2025 of Rs.6,96,02,080/- from ICICI Bank, a/c No.039905005386 of M3M India Pvt. Ltd. Today he received a whatsapp call from Mobile No.7408042608 with the caller naming himself as Pankaj Bansal on which he realized that its a fraud number and he stopped the payments and approached the police for taking action against the accused. After registration of FIR, matter was investigated. IDCAF of whatsapp numbers 7739836834 and 7408042608 was obtained according to which whatsapp No.7739836834 was found in the name of Shahab Alam son of Mohd. Ajim resident of Bihar and whatsapp No.7408042608 was found in the name of Ekram. Complainant also submitted the details of the amounts to Investigating Officer, which had been transferred by him to the accused persons. Bank record was obtained from various banks and it was found that from ICICI Bank Account No.039905005386 of complainant company amounts had been transferred different bank accounts which are as under:-

Sr. Name of Bank Account No. Name of accountAmount trans-

No. holder ferred

1. Kotak Mahindra4849465075 Gaurav r/o Delhi 29,60,000/-

Bank

2. IDFC Bank 10213938688 Shivam, r/o Delhi 32,50,301/- 3. HDFC Bank 925010016125891 Balbir Ahir e/o 8,60,507/-

Vividha M.P.

4. IDCI Bank 1960104000170116 Nitish Kumar Sharma 27,06,000/-

r/o Mathia, Bihar

5. INDUSIND 158528751409 Nitish Kumar Sharma 49,20,803/-

r/o Mathia, Bihar

6. HDFC Bank 50100799051624 Nitish Kumar Sharma1,44,00,532/-

r/o Mathia, Bihar

7. INDUSIND Bank 100222868539 Priya Roy r/o Dar-1,33,00,415/-

jeelin West Bengal

8. PNB Bank 9526000100014716 Birhamdev Kumar r/o 12,00,000/-

Purniya Bihar

9. UCO Bank 02870110088838 Basant Kumar Yadav 17,00,000/-

r/o Ambala Haryana

10. HDFC Bank 50100644314570 Sabbar Khan r/o 25,20,405/-

Vividha M.P.

11. HDFC Bank 50100210182560 Ramdhar Prasad r/o 91,21,305/-

Khushinagar U.P.

12. HDFC Bank 50100639343991 Abhijit Misra r/o 15,00,000/-

Chhattarpur M.P.

13. Utkarsh Small Fi-1614017074309668 Subhjit Saha r/o Dar- 40,60,401/-

nance Bank jeeling West Bengal

14. HDFC Bank 5010064567794 Brijesh Kumar R/o 71,01,411/-

Kashganj UP

3. On 29.05.2025, Gaurav account holder of Kotak Mahindra account No.4849465075 was apprehended and he admitted his guilt but told that he has given his account to Jatin Sharma on 2% commission. Thereafter, accused Jatin Sharma was arrested. On 30.05.2025, accused Shivam, account holder of IDFC Bank account No.10213938688 was apprehended and he also suffered disclosure statement admitting his guilt but disclosed that he had given his bank account kit to his friend Ankit for Rs.10,000/- and he got recovered his mobile phone. Thereafter, Gautam was arrested on 30.05.2025