CRM-M-22490- IN THE H (209) KASHMIRA SIN STATE OF PUNJ CORAM: HON Present: Mr. H (throu Ms. S Mr. M MANISHA BATR 1. The i 482 of Bharatiya grant of anticipato registered under S Police Station NRI 2. The a moved by compla family was residin Village Chari, Teh on 02.04.2019 an receiving threaten -2026 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH CRM Dat A SINGH Versus PUNJAB AND ANOTHER HON'BLE MRS. JUSTICE MANIS Mr. Harjap Dhanoa, Advocate for the (through video conferencing) Ms. Sakshi Bakshi, AAG, Punjab Mr. Mahesh Sharma, Advocate for re **** BATRA, J. (ORAL) The instant petition has been filed b ratiya Nagarik Suraksha Sanhita, 202 ticipatory bail in case arising out of nder Sections 66(C), 67 and 67(A) of I n NRI, District SAS Nagar (Mohali) The aforementioned FIR was register omplainant Jaskirat Singh Ghuman a residing in Australia, whereas his pare Tehsil Khamano, District Fatehgar 19 and stayed there till 03.05.2019 reatening messages on his Instagra JAB AND HARYANA AT ARH CRM-M-22490-2026 (O&M) Date of decision : 12.05.2026 ... Petitioner ...Respondents ANISHA BATRA for the petitioner for respondent No.2 filed by the petitioner under Section a, 2023 (for short “BNSS”) seeking out of FIR No.23 dated 03.04.2024 A) of Information Technology Act at hali). egistered on the basis of a complaint man alleging that he alongwith his is parents were residing in his native tehgarh Sahib. He had visited India 5.2019. On his return, he started stagram, Facebook and WhatsApp ction king 2024 ct at aint h his ative India arted sApp AMIT SHARMA 2026.05.13 16:28 I attest to the accuracy and integrity of this order/judgment. CRM-M-22490- accounts. The un messages. He had the harassment co about the person complainant and u native village. He himself would be from where he ha taking action in th 3. After It was found that sent to the compla photographs were photograph was fo display picture on and defamatory w intent to defame a were sent to the co a suspicion having with his wife in t was interrogated. used by him but him. The call deta were obtained. D -2026 (O&M) 2 he unknown caller used abusive lang He had blocked his Social media acco ent continued. The person sending m ersonal and private information of t and used to even share the daily ac e. He extended threats to the compl ld be killed. While disclosing requis he had been received such message n in the matter. After registration of FIR, investigatio d that several abusive and obscene an complainant, calls were made and eve were circulated thereby causing men was found to be manipulated and wr ure on a particular WhatsApp numbe tory words were super-imposed on fame and harass the complainant. Ev the complainant while representing th having been arisen as against the peti fe in the past, he was joined into inv ated. He admitted that 03 of the su but stated that cellphone No. +91 9 all detail records and customers applic ed. During further investigation KYC e language and also sent threatening a accounts and created new ones but ing messages seemed to be familiar on of the family members of the aily activities of his parents at their complainant that his parents and he requisite mobile numbers and links essages, the complainant prayed for stigation proceedings were initiated. ene and threatening messages were nd even morphed and objectionable g mental agony and fear. Even his nd wrongly prepared and used as a number and thereafter objectionable d on the said photograph with an t. Even some obscene photographs ting that those were of his wife. On e petitioner who was in relationship to investigation on 08.01.2026. He the suspicious phone numbers were +91 98765-77079 did not belong to applications forms of those numbers KYC records were collected which ning but iliar f the their d he links d for ated. were able n his as a able h an aphs . On ship He were ng to bers hich AMIT SHARMA 2026.05.13 16:28 I attest to the accuracy and integrity of this order/judgment. CRM-M-22490- revealed that whi was carried out th of the petitioner a Since the technica commission of th Apprehending his anticipatory bail w Court of Learned A 4. It is a falsely implicated registration of FIR mobile phones all is no connecting l such mobile phone is already in pos retrieval of phon interrogation of th He is ready to join thus argued that th 5. Status appearance on beh argued by learned that the allegation operandi adopted -2026 (O&M) 3 t while using mobile No. +91 9876 out through the mobile number which ioner and was also having his photog chnical evidence showed his nexus wi of the offences, he was nominated ng his arrest, the petitioner filed bail which was dismissed vide order d arned Additional Sessions Judge, Moh It is argued by learned counsel for t icated in this case after a gap of more of FIR. There is inordinate delay in lo allegedly used in the occurrence d g link between the petitioner and phones had been issued. It is also arg n possession of the Investigating O phone is a forensic exercise whic n of the petitioner. The subject offen to join investigation. No recovery is that the petition deserves to be allowed Status report has been filed by the on behalf of the complainant has als arned State counsel assisted by learne egations against the petitioner are se opted by him indicates a deliberate an 98765-77079 the OTP verification which stood registered in the name photograph in the KYC documents. xus with the mobile numbers used in nated as an accused on 26.03.2026. filed an application for grant of order dated 17.04.2026 passed by the , Mohali. l for the petitioner that he has been more than 02 years from the date of y in lodging of the FIR as well. The ence do not belong to him and there r and the person in whose name the lso argued that the one mobile phone ing Officer. The exercise of data which does not require custodial t offences are triable by Magistrate. ery is to be effected from him. It is owed. y the respondent-State. Memo of as also been taken on record. It is learned counsel for the complainant are serious in nature. The modus rate and calculated attempt to harass ation ame ents. ed in 026. t of y the been te of The there e the hone data odial trate. It is o of It is inant odus arass AMIT SHARMA 2026.05.13 16:28 I attest to the accuracy and integrity of this order/judgment. CRM-M-22490- the complainant b media platforms th the entire conspira warranting exercis stressed that the pe 6. This C for the parties at co 7. The p various Social me the year 2019. A found that while obscene messages carried out throug and this fact prim offences. For the the matter, custod allegations against well settled that a circumstances onl would certainly no interrogation of th leave many glar investigation. The does not operate a -2026 (O&M) 4 inant by using multiple phone numbe rms thereby insisting a thorough cu onspiracy. There is no exceptional o exercise of powers for grant of antic t the petition does not deserve to be all This Court has heard the rival submis es at considerable length. The petitioner is alleged to have hara ial media platforms during a long per 19. After registration of FIR and du hile getting issued mobile No. +91 98 ssages had been sent to the complain through the mobile number registered rima facie connects the petitioner w or the purpose of conducting a thorou custodial interrogation of the petition gainst him are serious in nature. The c that anticipatory bail to an accused es only as a person couched in compa inly not disclose all the facts within hi n of the petitioner is denied to the In glaring loopholes and gaps, ther n. The Court is also required to see tha erate as inroad in the normal legal proc numbers, fake identities and social h custodial interrogation to uncover onal or extra-ordinary circumstance f anticipatory bail. It is, therefore, be allowed. ubmissions made by learned counsel ve harassed the complainant through ng period of time commencing from nd during investigation, it has been 91 98765-77079 through which also mplainant, the OTP verification was istered in the name of the petitioner oner with the commission of subject thorough and proper investigation in etitioner is necessary required. The . The case is at its nascent stage. It is cused can be granted in exceptional comparative safety of pre-arrest bail thin his knowledge. In case custodial the Investigating Agency, that shall , thereby adversely effecting the see that an order of anticipatory bail al procedure of criminal cases by the ocial over tance fore, unsel ough from been also was ioner bject on in The . It is ional t bail odial shall the bail y the AMIT SHARMA 2026.05.13 16:28 I attest to the accuracy and integrity of this order/judgment. CRM-M-22490- trial Court. It is w arrest bail are to circumstances and of the accusation instant case, no s made out from t conducting thorou petitioner is must Court is of the co Accordingly, the 8. It is m the purpose of dec on the merits of th 9. Since any, is rendered in 12.05.2026 Amit Sharma -2026 (O&M) 5 It is well settled proposition of law th re to be exercised by the Court in e es and with great caution while taking sation and the sentence which the c o such exceptional or extra-ordina from the pleas as taken by the pe thorough and proper investigation c must. Taking into consideration th the considered opinion that the petit the petition is dismissed. It is made clear that any observation of deciding the present petition and t s of the case. Since the main petition has been dism ered infructuous. (MA Whether speaking/reasoned: Whether reportable:- Yes/No law that the powers for grant of pre- rt in extra-ordinary and exceptional taking into consideration the nature the conviction may entail. In the ordinary circumstance is, however, the petitioner. For the purpose of ation custodial interrogation of the the above discussed facts, this e petition deserves to be dismissed. vation made herein above is only for and the same shall have no bearing dismissed, pending application, if (MANISHA BATRA) JUDGE oned:- Yes/No es/No - ional ature the ever, e of f the this ssed. y for aring n, if AMIT SHARMA 2026.05.13 16:28 I attest to the accuracy and integrity of this order/judgment.