CRM CRM CRM CRM----M M M M----19065 19065 19065 19065---- 204 204 204 204 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT Nitish Kumar Sen State of Haryana Date of Date of Date of Date of Decision Decision Decision Decision Date of Uploading: Date of Uploading: Date of Uploading: Date of Uploading: CORAM: CORAM: CORAM: CORAM: Present: Present: Present: Present:- SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL 2023 (old Section 439 Cr. P.C.) petitioner, in case 318(4), 319, 61(2), 238 of the BNS, 2023, at Police Station Cyber Crime East, Gurugram. 2. with his co-accused Rs.15,24,90,017/ proprietor of Udaipur Rajasthan account of said Anand Namkeen. ----2026 2026 2026 2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH CRM CRM CRM CRM----M M M M----19065 19065 19065 19065----2026 2026 2026 2026 Nitish Kumar Sen Versus Haryana Decision Decision Decision Decision: : : : April 17 April 17 April 17 April 17, 2026 , 2026 , 2026 , 2026 Date of Uploading: Date of Uploading: Date of Uploading: Date of Uploading: April 17 April 17 April 17 April 17, 2026 , 2026 , 2026 , 2026 HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Samay Singh Sandhawalia, Mr. Deepak Kumar Grewal, DAG Haryana. ***** ***** ***** ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section (old Section 439 Cr. P.C.) seeking in case FIR No.189 dated 28.05.2025 318(4), 319, 61(2), 238 of the BNS, 2023, at Police Station Cyber Crime East, Gurugram. The gravamen of the allegations against the petitioner accused is involved in commission of cyber fraud Rs.15,24,90,017/- caused to the complainant proprietor of Anand Namkeen in Rajasthan Gramin Bank at Hiran Nagri, Udaipur Rajasthan and an amount of Rs.2.37 crores was account of said Anand Namkeen. 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH 2026 2026 2026 2026 ….Petitioner …Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Advocate for the petitioner. Mr. Deepak Kumar Grewal, DAG Haryana. under Section 483 of the BNSS, seeking grant of regular bail to the 28.05.2025, registered under Sections 318(4), 319, 61(2), 238 of the BNS, 2023, at Police Station Cyber Crime The gravamen of the allegations against the petitioner along is involved in commission of cyber fraud to the tune of the complainant. The petitioner is the sole Anand Namkeen in Rajasthan Gramin Bank at Hiran Nagri, amount of Rs.2.37 crores was credited in the bank 1111 ….Petitioner …Respondent 483 of the BNSS, grant of regular bail to the , registered under Sections 318(4), 319, 61(2), 238 of the BNS, 2023, at Police Station Cyber Crime along to the tune of petitioner is the sole Anand Namkeen in Rajasthan Gramin Bank at Hiran Nagri, bank MAHAVIR SINGH 2026.04.17 18:04 I attest to the accuracy and authenticity of this order/ judgment 2222 CRM CRM CRM CRM----M M M M----19065 19065 19065 19065----2026 2026 2026 2026 3. Learned counsel for the petitioner has submitted that the petitioner is in custody since 0.5.06.2025. Learned counsel has iterated that the petitioner has been falsely implicated into the FIR in question. Learned counsel has argued that the petitioner has been implicated into the FIR in question, primarily on the basis of his account being used as mule account. Learned counsel has further submitted that the petitioner has suffered incarceration for more than 10 months, and the petitioner is a man with clean antecedents. Thus, regular bail is prayed for. 4. Learned State counsel has opposed the present petition by arguing that allegations raised against the petitioner are serious in nature and, thus, the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record the custody certificate dated 16.04.2026, in the Court today, which is taken on record. 5. I have heard counsel for the parties and have gone through the available records of the case. 6. The petitioner was arrested on 05.06.2025, whereinafter investigation was carried out and challan qua the petitioner stands presented on 25.07.2025. Out of total 25 cited prosecution witnesses, none has been examined till date. It is, thus, indubitable that culmination of trial will take its own time. The rival contention raised at Bar give rise to debatable issues, which shall essentially be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. MAHAVIR SINGH 2026.04.17 18:04 I attest to the accuracy and authenticity of this order/ judgment 3333 CRM CRM CRM CRM----M M M M----19065 19065 19065 19065----2026 2026 2026 2026 6.1. As per custody certificate dated 16.04.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 10 months and 08 days, & is not shown to be involved in any other FIR(s). Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7. In view of above, the present petition is allowed allowed allowed allowed. Petitioner is ordered to be released on regular bail, if not required in any other case, on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions: (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. 8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. MAHAVIR SINGH 2026.04.17 18:04 I attest to the accuracy and authenticity of this order/ judgment 4444 CRM CRM CRM CRM----M M M M----19065 19065 19065 19065----2026 2026 2026 2026 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. 11. Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off. ((((SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL)))) JUDGE JUDGE JUDGE JUDGE April 17 April 17 April 17 April 17, 2026 , 2026 , 2026 , 2026 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2026.04.17 18:04 I attest to the accuracy and authenticity of this order/ judgment