CRM-M-67082- IN THE HIGH COURT OF PUNJAB AND HARYANA AT (107) JOGA RAM STATE OF HARYANA CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Ms. Himani Arora, DAG, Haryana Er. Vikram Singh, Advocate for the complainant with Dr. Anita (complainant in person) MANISHA BATRA, J. (ORAL) 1. The Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of regular registered under Sections 318(4), 319, 308(2), 336(3), 338, 340, 61(2) and 241 of Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) Crime West, District Gurugram. His first petition was dismissed as withdrawn vide order dated 2. The aforementioned FIR was registered on the basis of complaint lodged by complainant Dr. Anita, a retired Principal alleging that on the evening of 03.01.2025, she had received a call on her cell phone. The caller told her tha several complaints were registered against her for violation of illegal advertisements and sending harassing messages and an FIR was registered -2025 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Versus HARYANA HON'BLE MRS. JUSTICE MANISHA BATRA G.P.S. Ghuman, Advocate for the petitioner Ms. Himani Arora, DAG, Haryana Er. Vikram Singh, Advocate for the complainant with Dr. Anita (complainant in person) **** MANISHA BATRA, J. (ORAL) The instant one is the second petition of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) regular bail in case arising out of FIR No. registered under Sections 318(4), 319, 308(2), 336(3), 338, 340, 61(2) and 241 Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) Crime West, District Gurugram. His first petition was dismissed as withdrawn order dated 09.07.2025. The aforementioned FIR was registered on the basis of complaint lodged by complainant Dr. Anita, a retired Principal alleging that on the evening of 03.01.2025, she had received a call on her cell phone. The caller told her tha several complaints were registered against her for violation of illegal advertisements and sending harassing messages and an FIR was registered IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-67082-2025 (O&M) Date of decision : 28.04.2026 ... Petitioner ...Respondent HON'BLE MRS. JUSTICE MANISHA BATRA Advocate for the petitioner Er. Vikram Singh, Advocate for the complainant with petition filed by the petitioner under of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in case arising out of FIR No.38 dated 31.01.2025 registered under Sections 318(4), 319, 308(2), 336(3), 338, 340, 61(2) and 241 Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) at Police Station Cyber Crime West, District Gurugram. His first petition was dismissed as withdrawn The aforementioned FIR was registered on the basis of complaint lodged by complainant Dr. Anita, a retired Principal alleging that on the evening of 03.01.2025, she had received a call on her cell phone. The caller told her that several complaints were registered against her for violation of illegal advertisements and sending harassing messages and an FIR was registered 2026 under of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) 38 dated 31.01.2025 registered under Sections 318(4), 319, 308(2), 336(3), 338, 340, 61(2) and 241 at Police Station Cyber Crime West, District Gurugram. His first petition was dismissed as withdrawn The aforementioned FIR was registered on the basis of complaint lodged by complainant Dr. Anita, a retired Principal alleging that on the evening t several complaints were registered against her for violation of illegal advertisements and sending harassing messages and an FIR was registered AMIT SHARMA 2026.04.29 14:22 I attest to the accuracy and integrity of this order/judgment. CRM-M-67082- against her. She was also informed that three cell phone numbers, which she was using, would be blocked within from different numbers on her whatsApp and the callers told her that a bank account had been opened by her in favour of a person, who was accused of money laundering and committing frauds and she would be years. She was forbidden from disclosing these facts to her family members under the threat that they would also be put to jail and their bank accounts would be frozen and that they would be mentally and physically tortured. She was forced to transfer a total amount of Rs.3,03,00,000/ different bank accounts, the numbers of which were disclosed by the callers. She was kept under digital arrest till the transfer of the above said amount and was not even made to leave her room. She was made scared of her life. Last video call was made to her on 31.01.2025, whereby threats were again extended to her. 3. As per the further allegations, during the course of investigation it came forth that an amount of R complainant was transferred in an account No.10205733033 in the first layer which was operative in the name of firm M/s. Shri Ram Stainless under the partnership of Tarun Kumar and Kamla (wife of the present petition Accused Tarun Kumar was arrested on 18.03.2025. On interrogation, he suffered disclosure statement to the effect that out of greed to earn more money as well as on asking of the petitioner, he alongwith the petitioner had provided the bank details o -2025 (O&M) 2 against her. She was also informed that three cell phone numbers, which she was using, would be blocked within short time. She also started receiving video calls from different numbers on her whatsApp and the callers told her that a bank account had been opened by her in favour of a person, who was accused of money laundering and committing frauds and she would be years. She was forbidden from disclosing these facts to her family members under the threat that they would also be put to jail and their bank accounts would be frozen and that they would be mentally and physically tortured. She was rced to transfer a total amount of Rs.3,03,00,000/ different bank accounts, the numbers of which were disclosed by the callers. She was kept under digital arrest till the transfer of the above said amount n made to leave her room. She was made scared of her life. Last video call was made to her on 31.01.2025, whereby threats were again extended As per the further allegations, during the course of investigation it came forth that an amount of Rs.58 lakhs from the bank account of the complainant was transferred in an account No.10205733033 in the first layer which was operative in the name of firm M/s. Shri Ram Stainless under the partnership of Tarun Kumar and Kamla (wife of the present petition Accused Tarun Kumar was arrested on 18.03.2025. On interrogation, he suffered disclosure statement to the effect that out of greed to earn more money as well as on asking of the petitioner, he alongwith the petitioner had provided the bank details of the account of the company/firm in which he himself and against her. She was also informed that three cell phone numbers, which she was short time. She also started receiving video calls from different numbers on her whatsApp and the callers told her that a bank account had been opened by her in favour of a person, who was accused of money laundering and committing frauds and she would be sent to jail for 14 years. She was forbidden from disclosing these facts to her family members under the threat that they would also be put to jail and their bank accounts would be frozen and that they would be mentally and physically tortured. She was rced to transfer a total amount of Rs.3,03,00,000/- from her bank accounts to different bank accounts, the numbers of which were disclosed by the callers. She was kept under digital arrest till the transfer of the above said amount of money n made to leave her room. She was made scared of her life. Last video call was made to her on 31.01.2025, whereby threats were again extended As per the further allegations, during the course of investigation it s.58 lakhs from the bank account of the complainant was transferred in an account No.10205733033 in the first layer which was operative in the name of firm M/s. Shri Ram Stainless under the partnership of Tarun Kumar and Kamla (wife of the present petitioner). Accused Tarun Kumar was arrested on 18.03.2025. On interrogation, he suffered disclosure statement to the effect that out of greed to earn more money as well as on asking of the petitioner, he alongwith the petitioner had provided f the account of the company/firm in which he himself and against her. She was also informed that three cell phone numbers, which she was short time. She also started receiving video calls from different numbers on her whatsApp and the callers told her that a bank account had been opened by her in favour of a person, who was accused of sent to jail for 14 years. She was forbidden from disclosing these facts to her family members under the threat that they would also be put to jail and their bank accounts would be frozen and that they would be mentally and physically tortured. She was from her bank accounts to different bank accounts, the numbers of which were disclosed by the callers. She of money n made to leave her room. She was made scared of her life. Last video call was made to her on 31.01.2025, whereby threats were again extended As per the further allegations, during the course of investigation it s.58 lakhs from the bank account of the complainant was transferred in an account No.10205733033 in the first layer which was operative in the name of firm M/s. Shri Ram Stainless under the er). Accused Tarun Kumar was arrested on 18.03.2025. On interrogation, he suffered disclosure statement to the effect that out of greed to earn more money as well as on asking of the petitioner, he alongwith the petitioner had provided f the account of the company/firm in which he himself and AMIT SHARMA 2026.04.29 14:22 I attest to the accuracy and integrity of this order/judgment. CRM-M-67082- Kamla wife of the petitioner were partners/shareholders. He alongwith the petitioner had allowed use of their bank accounts and had even gone to Nepal to take commission money for the transactions bank account of his firm. He also disclosed that some persons hailing from China as well as Nepal had met them who had disclosed that they were involved in business of cyber crime in India and need purpose. He also disclosed that the petitioner and he himself had received amount of commission. The petitioner was nominated as an accused and he was arrested on 18.03.2025. He too suffered disclosure statement admitting his involvement in the 4. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of disclosure statement of the co accused which cannot be named in the FIR. He is in custody since long. He is not beneficiary of any transaction. He had nothing to do with the concerned bank account which was in the name of co found to be innocent. The subject offences are triable by Magistrate. No useful purpose would be served by detaining him in custody anymore. The trial will take considerable time to conclude as none out of 49 prosecution witnesses has been examined so far. on 09.07.2025 and a period of more than 09 months has expired thereafter. Each day spent by him in custody has furnished him a ground afresh to seek concession of bail. It is, thus argued that the -2025 (O&M) 3 Kamla wife of the petitioner were partners/shareholders. He alongwith the petitioner had allowed use of their bank accounts and had even gone to Nepal to take commission money for the transactions which had taken place through the bank account of his firm. He also disclosed that some persons hailing from China as well as Nepal had met them who had disclosed that they were involved in business of cyber crime in India and need purpose. He also disclosed that the petitioner and he himself had received amount of commission. The petitioner was nominated as an accused and he was arrested on 18.03.2025. He too suffered disclosure statement admitting his involvement in the crime. Investigation qua him now stands concluded. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of disclosure statement of the co accused which cannot be considered to be admissible i named in the FIR. He is in custody since long. He is not beneficiary of any transaction. He had nothing to do with the concerned bank account which was in the name of co-accused Tarun Kumar and his wife Kamla. Kamla has been nd to be innocent. The subject offences are triable by Magistrate. No useful purpose would be served by detaining him in custody anymore. The trial will take considerable time to conclude as none out of 49 prosecution witnesses has been examined so far. His previous petition had been dismissed as withdrawn on 09.07.2025 and a period of more than 09 months has expired thereafter. Each day spent by him in custody has furnished him a ground afresh to seek concession of bail. It is, thus argued that the petition deserves to be allowed. Kamla wife of the petitioner were partners/shareholders. He alongwith the petitioner had allowed use of their bank accounts and had even gone to Nepal to which had taken place through the bank account of his firm. He also disclosed that some persons hailing from China as well as Nepal had met them who had disclosed that they were involved several bank accounts for that purpose. He also disclosed that the petitioner and he himself had received amount of commission. The petitioner was nominated as an accused and he was arrested on 18.03.2025. He too suffered disclosure statement admitting his crime. Investigation qua him now stands concluded. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of disclosure statement of the co- to be admissible in evidence. He was not named in the FIR. He is in custody since long. He is not beneficiary of any transaction. He had nothing to do with the concerned bank account which was accused Tarun Kumar and his wife Kamla. Kamla has been nd to be innocent. The subject offences are triable by Magistrate. No useful purpose would be served by detaining him in custody anymore. The trial will take considerable time to conclude as none out of 49 prosecution witnesses has His previous petition had been dismissed as withdrawn on 09.07.2025 and a period of more than 09 months has expired thereafter. Each day spent by him in custody has furnished him a ground afresh to seek petition deserves to be allowed. Kamla wife of the petitioner were partners/shareholders. He alongwith the petitioner had allowed use of their bank accounts and had even gone to Nepal to which had taken place through the bank account of his firm. He also disclosed that some persons hailing from China as well as Nepal had met them who had disclosed that they were involved or that purpose. He also disclosed that the petitioner and he himself had received amount of commission. The petitioner was nominated as an accused and he was arrested on 18.03.2025. He too suffered disclosure statement admitting his It is argued by learned counsel for the petitioner that he has been - n evidence. He was not named in the FIR. He is in custody since long. He is not beneficiary of any transaction. He had nothing to do with the concerned bank account which was accused Tarun Kumar and his wife Kamla. Kamla has been nd to be innocent. The subject offences are triable by Magistrate. No useful purpose would be served by detaining him in custody anymore. The trial will take considerable time to conclude as none out of 49 prosecution witnesses has His previous petition had been dismissed as withdrawn on 09.07.2025 and a period of more than 09 months has expired thereafter. Each day spent by him in custody has furnished him a ground afresh to seek AMIT SHARMA 2026.04.29 14:22 I attest to the accuracy and integrity of this order/judgment. CRM-M-67082- 5. Per contra, learned State counsel assisted by learned counsel for the complainant has argued that the allegations against the petitioner are serious in nature. In fact, it was his mobile phones were registered in the bank account of that firm. Even his wife Kamla posted in Cyber Crime West, Gurugram had recorded her statement that though she was a partner in the firm M/s. Shri Ram Stainless but in fact the entire business of the same was looked after by her husband and her brother Tarun Kumar and the bank account in question was also operated by them. An amount of Rs.58 lakhs was deposited in the bank account of the petitioner which was subsequently withdrawn and active complicity in the crime. His antecedents are not clean as he is involved in one more case registered at Police Station Purba Medinipur, West Bengal. There are chances of his absconding or committing similar offences, if extended benefit of bail. It is, therefore, argued that the petition does not deserve to be allowed. 6. The petitioner along with the co a conspiracy to commit online fraud/cheating by inducing public persons to part with huge amount of money and in pursuance thereof, co threats to the complainant had caused wrongful loss to the tune of Rs.3,03,00,000/- bank accounts. The allegations reveal active and petitioner in the crime. disclosure statement of co -2025 (O&M) 4 Per contra, learned State counsel assisted by learned counsel for the complainant has argued that the allegations against the petitioner are serious in it was he who was running the firm M/s. Shri Ram his mobile phones were registered in the bank account of that firm. Even his wife Kamla posted in Cyber Crime West, Gurugram had recorded her statement that though she was a partner in the firm M/s. Shri Ram Stainless but in fact the business of the same was looked after by her husband and her brother Tarun Kumar and the bank account in question was also operated by them. An amount of Rs.58 lakhs was deposited in the bank account of the petitioner which was subsequently withdrawn and transferred to active complicity in the crime. His antecedents are not clean as he is involved in one more case registered at Police Station Purba Medinipur, West Bengal. There are chances of his absconding or committing similar offences, if extended enefit of bail. It is, therefore, argued that the petition does not deserve to be The petitioner along with the co-accused is alleged to have hatched a conspiracy to commit online fraud/cheating by inducing public persons to part ount of money and in pursuance thereof, co threats to the complainant had caused wrongful loss to the tune of - to her by making her transfer this much amount in different bank accounts. The allegations reveal active and petitioner in the crime. He was nominated during investigation on the basis of disclosure statement of co-accused Tarun Kumar. He is Per contra, learned State counsel assisted by learned counsel for the complainant has argued that the allegations against the petitioner are serious in was running the firm M/s. Shri Ram Stainless and his mobile phones were registered in the bank account of that firm. Even his wife Kamla posted in Cyber Crime West, Gurugram had recorded her statement that though she was a partner in the firm M/s. Shri Ram Stainless but in fact the business of the same was looked after by her husband and her brother Tarun Kumar and the bank account in question was also operated by them. An amount of Rs.58 lakhs was deposited in the bank account of the petitioner which transferred to other accounts which shows his active complicity in the crime. His antecedents are not clean as he is involved in one more case registered at Police Station Purba Medinipur, West Bengal. There are chances of his absconding or committing similar offences, if extended enefit of bail. It is, therefore, argued that the petition does not deserve to be accused is alleged to have hatched a conspiracy to commit online fraud/cheating by inducing public persons to part ount of money and in pursuance thereof, co-accused by extending threats to the complainant had caused wrongful loss to the tune of to her by making her transfer this much amount in different bank accounts. The allegations reveal active and prima facie participation of the He was nominated during investigation on the basis of accused Tarun Kumar. He is also alleged to have Per contra, learned State counsel assisted by learned counsel for the complainant has argued that the allegations against the petitioner are serious in Stainless and his mobile phones were registered in the bank account of that firm. Even his wife Kamla posted in Cyber Crime West, Gurugram had recorded her statement that though she was a partner in the firm M/s. Shri Ram Stainless but in fact the business of the same was looked after by her husband and her brother Tarun Kumar and the bank account in question was also operated by them. An amount of Rs.58 lakhs was deposited in the bank account of the petitioner which which shows his active complicity in the crime. His antecedents are not clean as he is involved in one more case registered at Police Station Purba Medinipur, West Bengal. There are chances of his absconding or committing similar offences, if extended enefit of bail. It is, therefore, argued that the petition does not deserve to be accused is alleged to have hatched a conspiracy to commit online fraud/cheating by inducing public persons to part accused by extending threats to the complainant had caused wrongful loss to the tune of to her by making her transfer this much amount in different prima facie participation of the He was nominated during investigation on the basis of alleged to have AMIT SHARMA 2026.04.29 14:22 I attest to the accuracy and integrity of this order/judgment. CRM-M-67082- actively participated in the crime by getting the bank account ope name of M/s. Shri Ram Stainless used for the purpose of transfer of an amount of Rs.58 lakhs, transferred from the bank account of the complainant and getting the same transferred further and also allegedly receiving commission as well as part of proceeds of the fraudulent transactions. The first petition filed by the petitioner was dismissed as withdrawn on 09.07.2025 substantial or drastic change petition. The allegat in the operational layer of a well was duped of a substantial amount by keeping her under digital arrest. The magnitude of the amount involved, the was allegedly committed and the petitioner’s alleged role in facilitating withdrawal of fraudulently obtained money prima facie reflect the seriousness of the allegations levelled against him. Such like cases are on r one hears about innocent public persons being duped of their hard earned money. The apprehension raised by the respondent that he may commit similar offences or abscond cannot be stated to be unfounded at this stage. Keeping in view the nature of the allegations as levelled against the petitioner, quantum of sentence which the conviction may entail and the attendant facts and circumstances of the case, this Court is of the opinion that the petitioner does not deserve to be released on bail. -2025 (O&M) 5 actively participated in the crime by getting the bank account ope name of M/s. Shri Ram Stainless used for the purpose of transfer of an amount , transferred from the bank account of the complainant and getting the same transferred further and also allegedly receiving commission as well as t of proceeds of the fraudulent transactions. The first petition filed by the petitioner was dismissed as withdrawn on 09.07.2025 substantial or drastic change in circumstances from The allegations against the petitioner clearly rational layer of a well-organized cyber fraud, wherein a retired was duped of a substantial amount by keeping her under digital arrest. The the amount involved, the organized manner in which the offence was allegedly committed and the petitioner’s alleged role in facilitating withdrawal of fraudulently obtained money prima facie reflect the seriousness of the allegations levelled against him. Such like cases are on r one hears about innocent public persons being duped of their hard earned money. The apprehension raised by the respondent that he may commit similar offences or abscond cannot be stated to be unfounded at this stage. Keeping in ture of the allegations as levelled against the petitioner, quantum of sentence which the conviction may entail and the attendant facts and circumstances of the case, this Court is of the opinion that the petitioner does not deserve to be released on bail. Accordingly, the petition is dismissed. actively participated in the crime by getting the bank account operative in the name of M/s. Shri Ram Stainless used for the purpose of transfer of an amount , transferred from the bank account of the complainant and getting the same transferred further and also allegedly receiving commission as well as t of proceeds of the fraudulent transactions. The first petition filed by the petitioner was dismissed as withdrawn on 09.07.2025. There has been no circumstances from the dismissal of his previous against the petitioner clearly indicate his involvement ed cyber fraud, wherein a retired female was duped of a substantial amount by keeping her under digital arrest. The ed manner in which the offence was allegedly committed and the petitioner’s alleged role in facilitating withdrawal of fraudulently obtained money prima facie reflect the seriousness of the allegations levelled against him. Such like cases are on rise and everyday one hears about innocent public persons being duped of their hard earned money. The apprehension raised by the respondent that he may commit similar offences or abscond cannot be stated to be unfounded at this stage. Keeping in ture of the allegations as levelled against the petitioner, quantum of sentence which the conviction may entail and the attendant facts and circumstances of the case, this Court is of the opinion that the petitioner does not petition is dismissed. rative in the name of M/s. Shri Ram Stainless used for the purpose of transfer of an amount , transferred from the bank account of the complainant and getting the same transferred further and also allegedly receiving commission as well as t of proceeds of the fraudulent transactions. The first petition filed by the has been no his previous indicate his involvement female was duped of a substantial amount by keeping her under digital arrest. The ed manner in which the offence was allegedly committed and the petitioner’s alleged role in facilitating withdrawal of fraudulently obtained money prima facie reflect the seriousness of ise and everyday one hears about innocent public persons being duped of their hard earned money. The apprehension raised by the respondent that he may commit similar offences or abscond cannot be stated to be unfounded at this stage. Keeping in ture of the allegations as levelled against the petitioner, quantum of sentence which the conviction may entail and the attendant facts and circumstances of the case, this Court is of the opinion that the petitioner does not AMIT SHARMA 2026.04.29 14:22 I attest to the accuracy and integrity of this order/judgment. CRM-M-67082- 7. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 28.04.2026 Amit Sharma -2025 (O&M) 6 It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. (MANISHA BATRA) Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing (MANISHA BATRA) JUDGE Yes/No It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing AMIT SHARMA 2026.04.29 14:22 I attest to the accuracy and integrity of this order/judgment.