IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

230 CRM-M-32192-2025 (O&M)

Date of decision: 31.10.2025 Yatin Kumar Pathak ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Sanjeev Majra, Advocate for the petitioner.

Mr. Neeraj Poswal, AAG, Haryana.

MANISHA BATRA, J. (Oral)

1. Prayer in this petition, filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in FIR No. 388 dated 24.12.2024, registered under Sections 318(4), 319 and

61 of BNS, 2023 at Police Station Cyber Crime, District Gurugram.

2. The aforementioned FIR was registered on a complaint lodged by complainant Anil Agarwal alleging that on 25.09.2024, he had received a Whatsapp communication from one Sanoke Vishwanathan from a particular cell phone number and was given an opportunity of investing with JP Morgan company. He was induced to join a Whatsapp group in the name of ‘B-16 JP Morgan Wealth Magnates’. There were several members in that group, who had been claiming to have fetched multifold profits by investing their money in the stocks mentioned by the administrator of the group. He was inducted to enter his profile in an App by the name of JP Morgan, which he had downloaded through a link provided in the said group. On the basis of the representations made in that group, he invested a sum of Rs.6,55,00,000/- during the period from 14.10.2024 to 19.11.2024 in the schemes floated as part of JP Morgan’s offerings in the group. Subsequently, he was also added in another group and profile was created therein and was made to invest an additional amount of Rs.2,04,35,000/-. However, later on, when he tried to withdraw the money invested by him, the administrator of the group started demanding more money citing low credit score, which raised suspicion in his mind. On his insistence to withdraw the money, he was removed from both the groups and was blocked. In this manner, he was duped of a huge amount of money. After registration of the FIR, investigation proceedings were initiated. It was found that the money from the bank account of the complainant had been transferred to 14 different bank accounts in the names of different persons. It was further revealed that an amount of Rs. 8,00,000/- had been transferred from the bank account of the complainant on 08.11.2024 in a bank account at UCO Bank, which was registered in the name of the present petitioner.

3. As per the further allegations, the petitioner was found to be already in custody in connection with another case bearing FIR No.365/24, registered at Police Station Cyber Crime, City Gurugram. His presence was secured through production warrants and he was arrested in this case on 03.01.2025. He was interrogated and suffered disclosure statement that he had given bank account kit and SIM card of his registered phone number for a sum of Rs.30,000/- to co-accused Rahul Kumar, who was also nominated as accused. Subsequently, some other persons were also nominated as additional accused. Investigation qua the petitioner stands completed and challan has been filed.

4. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He is in custody since long. The subject offences are triable by the Magistrate. Conclusion of trial would take considerable time. His further incarceration would not serve any useful purpose. Therefore, it is urged that the petition deserves to be allowed and the petitioner deserves to be released on regular bail.

5. Status report has been filed by the respondent-State. Learned Assistant Advocate General, Haryana has vehemently argued that there are serious and specific allegations against the petitioner. He was one of the members of the gang formed for the purpose of committing cyber frauds. Huge amount of money was usurped from the complainant. The petitioner is a habitual offender. There are chances of his committing simila