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2026 Supreme(Online)(P&H) 8176

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NEERAJ SHARMA – Appellant
Versus
STATE OF HARYANA – Respondent



IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-4401-2026 (O&M). Date of decision: 09.02.2026.

NEERAJ SHARMA ...Petitioner(s)

VERSUS STATE OF HARYANA ...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Niraj Kumar Mishra, Advocate, Mr. Vishesh Malik, Advocate, and Mr. Rahul, Advocate, for the petitioner.

Ms. Chhavi Sharma, AAG, Haryana, assisted by ASI Ashok Kumar, No.152, Gurugram.

VINOD S. BHARDWAJ, J. (Oral)

CRM-3191-2026 Application is allowed as prayed for subject to all just exceptions.

Main case This is the first petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for pre-arrest bail in case bearing FIR No.342 dated 21.11.2024, registered under Section(s) 318(4), and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and under Section 66-D of the Information and Technology Act, 2008, at Police Station Cyber Crime, District Gurugram. 2 Succinctly, the case of the prosecution is that the complainant, Sharmili Chopra, submitted an application to the police alleging that she had been a victim of cyber fraud. It is stated that she was telephonically contacted by persons identifying themselves as Chandra Takal and Sarah Smith, who claimed to be associated with M/s. Daiwa Securities. The said persons created a WhatsApp group as well as a group on the Telegram application under the name “Reserve A3 Unifield Layout Plan for Bankers,” through which they induced the complainant to invest in the stock market. The complainant opened an account on the website “m.dwa-ai.com” and, acting upon the ₹

representations made to her, she transferred a total sum of 1.98 crores from her three bank accounts.

3 During the course of investigation, it was revealed that the said amount was transferred into eight different bank accounts. In the first layer of transactions, a sum of Rs.10 lakhs was transferred into the Bandhan Bank account of one Parmod Deshmukh. In the second layer, the amount was further transferred into the HDFC Bank account of Manoj Kumar who was arrested on 10.03.2025. During interrogation, he made a disclosure to the effect that in the year 2023, when he had met with an accident and was admitted in Zem Hospital, his cousin, Jitender son of Mahender Singh, met him and informed him that he knew of a company, desirous of routing funds through various accounts to evade tax liabilities. He persuaded Manoj Kumar to open a bank account and provide the same to the said company in consideration of monetary benefit. Manoj Kumar is stated to have agreed and, a few days thereafter, Jitender arrived along with two other persons, whereupon Manoj Kumar signed certain documents and issued a cheque book, which were taken away. He is stated to have claimed that he neither received any consideration nor had knowledge of subsequent transactions in the said account. Jitender was thereafter arrested on 10.03.2025.

4 Upon completion of investigation, challan was presented against Manoj Kumar, Jitender, Sachin and Vikas. Subsequently, it was revealed that account No. 20100030368142 in the name of M/s. Mahakal Krishi Sewa Kendra had received Rs.10 lakhs in connection with the alleged fraud. The said account was found to belong to Pankaj Nagar, who was arrested on 15.07.2025. Thereafter, Shyambir was arrested on 05.08.2025 and Rajiv Jangra was arrested on 27.08.2025 and a supplementary challan was filed against Pankaj, Shyambir and Rajiv. Nitin Kumar was arrested on 22.09.2025. Investigation further revealed that a sum of Rs.25 lakhs had been transferred into the account of Triputi Balaji Motors, owned by Neeraj Sharma (petitioner herein), in the Bank of Maharashtra. It was also found that on 07.09.2024, a further amount of Rs.20 lakhs was transferred into the account of Triputi Balaji Motors, owned by Neeraj Sharma, in the Bank of India. Thereafter, a sum of Rs.10 lakhs is stated to have been withdrawn by him through a cheque. 5 Learned counsel appearing for the petitioner(s) raises the following arguments: -

(i

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