IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

107 CRM-M-46685-2025 (O&M)

DECIDED ON: 29.10.2025 RAHUL .....PETITIONER VERSUS STATE OF HARYANA .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SURYA PRATAP SINGH Present: Mr. Rahul Gautam, Advocate for the petitioner.

Mr. Parveen Kumar Aggarwal, Addl. A.G., Haryana.

SURYA PRATAP SINGH, J (ORAL)

1. The present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking grant of anticipatory bail in case arising out of FIR No.26 dated 06.04.2024 registered under Sections 406 and 420 of IPC Police Station Cyber Crime, Panchkula.

2. The aforementioned FIR was registered on the basis of a complaint lodged by the complainant Rupinder Kaur, alleging therein that in the morning of 13.02.2024 she had received a call on her cellphone from an international number, and that the caller while pretending himself to be a relative of the complainant, told her to transfer an amount of Rs.6,00,000/- by saying that he was in need of immediate financial assistance. As per complainant thereafter, the caller threatened her of dire consequences, if the aforementioned amount was not transferred. According to complainant, she was made to transfer the money in the bank account disclosed by the caller, and she continued to do so under continuous threats given by him. She was even made to borrow money from her relatives and acquaintances. She was made to pay a total amount of Rs.5,99,000/- by way of cheque, cash deposits and Gpay. The same caller called her the next day and demanded an additional amount of Rs.9,00,000/-. While realising that she had been cheated and defrauded, she reported the matter to the police.

3. As per prosecution, after registration of FIR, the investigation was initiated and during investigation, co-accused Chirag Mongia, Sahil and Mohit Chaudhary were arrested, who suffered disclosure statements on the basis of which other co-accused, namely Yash Sharma, Bir Singh and Ram Saran, were nominated. Accused Bir Singh and Ram Saran were arrested and they too suffered disclosure statements on the basis of which the present petitioner was nominated as an accused. Apprehending his arrest, the petitioner moved an application for grant of pre-arrest bail, which was dismissed by the Court of learned Additional Sessions Judge, Panchkula vide order dated 22.07.2025.

4. Notice of motion.

5. Since advance notice has already been served upon the State, Mr. Parveen Kumar Aggarwal, Addl. A.G., Haryana accepts notice on behalf of respondent-State, and waives service.

6. Heard.

7. It has been contended on behalf of the petitioner that he has been falsely implicated in this case on the basis of disclosure statements of co-accused, which cannot be considered to be admissible in evidence. He was not named in the FIR. There is no material to show that he had derived any benefit from any transaction. Neither any money was transferred in his account nor his bank account had been used. The bank account through which the money of the complainant had been deposited and transferred further, did not belong to him. He has no criminal antecedents. No recovery has been effected from him. He has been made a scapegoat. His custodial interrogation is not required. He is ready to join the investigation and to abide by the terms and conditions.

8. Per contra, the learned State Counsel has argued that the instant one is the case of cyber crime. The petitioner in connivance with the co- accused had deprived the complainant of a huge amount of money and caused wrongful loss to her by cheating. His active participation in the said crime has been revealed, as the co-accused Ram Saran, whose bank account had been used for transfer of some part of the money extracted from the complainant, disclosed that he had provided his bank account to the petitioner and co-accused Pankaj Kumar. The custodial interrogation of the petitioner is must for conducting thorough inves