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2023 DAILYLAW 6137 (PNJ)

NARENDER KUMAR v. STATE OF HARYANA

CRM-M/12234/2026 · 2026-07-28

Manisha Batra

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Judgment text

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CRM-M-12234 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (314 ) NARENDER KUMAR STATE OF HARYANA CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: M Mr. Neeraj Poswal, AAG, Haryana **** MANISHA BATRA, J. (ORAL) 1. The Section 483 of for grant of regular bail in case registered under Sections 318(4), 238(C) and 61(2) of Sanhita, 2023 (for short “BNS”) Mahendergarh, District Mahendergarh. 2. As per the allegations received that the accused Devender @ Monu was involved in commission of cyber crimes by b bank account in SBI Bank, Ateli Mandi Branch, wherein money received by way of committing cyber frauds had been credited. On receipt of this information, concerned Bank was contacted who verified that a bank account was operative in the name of above 12234-2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of decision : NARENDER KUMAR Versus OF HARYANA HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Aditya Sanghi, Advocate for the petitioner Mr. Neeraj Poswal, AAG, Haryana **** MANISHA BATRA, J. (ORAL) The instant petition has been petition Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of regular bail in case arising out of FIR No.16 dated 14.05.2025 registered under Sections 318(4), 238(C) and 61(2) of Sanhita, 2023 (for short “BNS”) at Police Station Cyber Crime Mahendergarh, District Mahendergarh. As per the allegations, on 14.05.2025, a secret information was received that the accused Devender @ Monu was involved in commission of cyber crimes by being a member of cyber fraudsters and he had opened a bank account in SBI Bank, Ateli Mandi Branch, wherein money received by way of committing cyber frauds had been credited. On receipt of this information, an inquiry was conducted. The Branch Manager o concerned Bank was contacted who verified that a bank account was operative in the name of above-named Devender Singh, several complaints IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-12234-2026 (O&M) Date of decision : 28.07.2026 ... Petitioner ...Respondent HON'BLE MRS. JUSTICE MANISHA BATRA Advocate for the petitioner Mr. Neeraj Poswal, AAG, Haryana petition filed by the petitioner under Sanhita, 2023 (for short “BNSS”) arising out of FIR No.16 dated 14.05.2025 registered under Sections 318(4), 238(C) and 61(2) of Bharatiya Nyaya at Police Station Cyber Crime on 14.05.2025, a secret information was received that the accused Devender @ Monu was involved in commission of eing a member of cyber fraudsters and he had opened a bank account in SBI Bank, Ateli Mandi Branch, wherein money received by way of committing cyber frauds had been credited. On receipt of this inquiry was conducted. The Branch Manager of the concerned Bank was contacted who verified that a bank account was named Devender Singh, several complaints filed by the petitioner under Sanhita, 2023 (for short “BNSS”) arising out of FIR No.16 dated 14.05.2025 Bharatiya Nyaya at Police Station Cyber Crime on 14.05.2025, a secret information was received that the accused Devender @ Monu was involved in commission of eing a member of cyber fraudsters and he had opened a bank account in SBI Bank, Ateli Mandi Branch, wherein money received by way of committing cyber frauds had been credited. On receipt of this f the concerned Bank was contacted who verified that a bank account was named Devender Singh, several complaints AMIT SHARMA 2026.07.28 14:49 I attest to the accuracy and integrity of this order/judgment. CRM-M-12234 were received qua that bank account and that the said bank account had been frozen also. It credited in the complaints were found to have been lodged in the portal of NCRP with regard to the said bank account and in such complaints allegations were of committing of fraud of crores of rupees were made. The accused Devender was apprehended on the same day. He was interrogated and admitted his involvement about joining the gang of cyber fraudsters. He also disclosed about the involvement of his cousin b petitioner with him. The aforementioned FIR was registered. Investigation proceedings were initiated. Accused Surinder was also nominated and had been arrested. The present petitioner was found to be lodged in custody i connection with some other case at B was secured by way of issuance of production warrants and he was joined into investigation. On interrogation, he admitted his involvement in the crime. It was revealed that he was complaints about use of those accounts in committing cyber frauds were lodged at Indian Cyber Crime Coordination Centre. providing mule accounts for committing cyber frauds. investigation against the present petitioner Surinder, challan was presented in the Court. 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of disclosure sta accused which cannot be considered to be admissible in evidence. The role 12234-2026 (O&M) 2 were received qua that bank account and that the said bank account had been It was revealed that till date an amount of Rs.10,55,079/ credited in the said bank account and Rs.10,58,482/ complaints were found to have been lodged in the portal of NCRP with regard to the said bank account and in such complaints allegations were of committing of fraud of crores of rupees were made. The accused Devender was apprehended on the same day. He was interrogated and admitted his involvement about joining the gang of cyber fraudsters. He also disclosed about the involvement of his cousin brother Narender i.e. the present petitioner with him. The aforementioned FIR was registered. Investigation proceedings were initiated. Accused Surinder was also nominated and had been arrested. The present petitioner was found to be lodged in custody i connection with some other case at Bhondsi Jail, Gurugram. His presence was secured by way of issuance of production warrants and he was joined into investigation. On interrogation, he admitted his involvement in the crime. It was revealed that he was operating different bank accounts and about use of those accounts in committing cyber frauds were Indian Cyber Crime Coordination Centre. providing mule accounts for committing cyber frauds. investigation against the present petitioner Surinder, challan was presented in the Court. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of disclosure sta accused which cannot be considered to be admissible in evidence. The role were received qua that bank account and that the said bank account had been ill date an amount of Rs.10,55,079/- was bank account and Rs.10,58,482/- was debited. Six complaints were found to have been lodged in the portal of NCRP with regard to the said bank account and in such complaints allegations were of committing of fraud of crores of rupees were made. The accused Devender was apprehended on the same day. He was interrogated and admitted his involvement about joining the gang of cyber fraudsters. He also disclosed rother Narender i.e. the present petitioner with him. The aforementioned FIR was registered. Investigation proceedings were initiated. Accused Surinder was also nominated and had been arrested. The present petitioner was found to be lodged in custody in ondsi Jail, Gurugram. His presence was secured by way of issuance of production warrants and he was joined into investigation. On interrogation, he admitted his involvement in the crime. It operating different bank accounts and 29 online about use of those accounts in committing cyber frauds were Indian Cyber Crime Coordination Centre. He had also been providing mule accounts for committing cyber frauds. After completion of investigation against the present petitioner, co-accused Devinder and 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 in evidence. The role were received qua that bank account and that the said bank account had been was Six complaints were found to have been lodged in the portal of NCRP with regard to the said bank account and in such complaints allegations were of committing of fraud of crores of rupees were made. The accused Devender was apprehended on the same day. He was interrogated and admitted his involvement about joining the gang of cyber fraudsters. He also disclosed rother Narender i.e. the present petitioner with him. The aforementioned FIR was registered. Investigation proceedings were initiated. Accused Surinder was also nominated and had n ondsi Jail, Gurugram. His presence was secured by way of issuance of production warrants and he was joined into investigation. On interrogation, he admitted his involvement in the crime. It 29 online about use of those accounts in committing cyber frauds were He had also been on of accused Devinder and It is argued by learned counsel for the petitioner that he has been - accused which cannot be considered to be admissible in evidence. The role AMIT SHARMA 2026.07.28 14:49 I attest to the accuracy and integrity of this order/judgment. CRM-M-12234 attributed to him is not that of principal beneficiary of any cyber fraud but merely of an intermediary/commission agent who arranged/used bank accounts for convers is alleged to have been earned by him by way of commission. There is no allegation of his making any inducement to the v proceeds of the alleged offence or of personally not required for further investigation since the same stands concluded. The trial will take considerable time to conclude. No useful purpose would be served by detaining him in custody anymore. He is on bail in another case registered against him. The subject offences are triable by Magistrate. recovery has been effected from him. to be released on bail and the petition deserves to be allowed. 4. Per contra, learned State counse against the petitioner are serious in nature. He is a habitual offender being involved in one more case of similar nature. His role in commission of the offence of cheating and cyber fraud with the victims is not minor. other hand, it has been revealed during investigation that petitioner used to purchase mule accounts of other account holders on commission basis and had purchased as many as 10 such accounts from co accused Devender cyber crimes by using these accounts have been registered. The petitioner not only used the mule bank accounts procured from co Surinder but he had also used his own bank account for the purpose of committing cyber crime. It is argued that there are chances of petitioner’s 12234-2026 (O&M) 3 attributed to him is not that of principal beneficiary of any cyber fraud but merely of an intermediary/commission agent who arranged/used bank accounts for conversions of amounts through USDT. An amount of Rs.1 lakh is alleged to have been earned by him by way of commission. There is no allegation of his making any inducement to the v proceeds of the alleged offence or of personally not required for further investigation since the same stands concluded. The trial will take considerable time to conclude. No useful purpose would be served by detaining him in custody anymore. He is on bail in another case egistered against him. The subject offences are triable by Magistrate. recovery has been effected from him. It is, therefore, argued that he deserves to be released on bail and the petition deserves to be allowed. Per contra, learned State counsel against the petitioner are serious in nature. He is a habitual offender being involved in one more case of similar nature. His role in commission of the offence of cheating and cyber fraud with the victims is not minor. other hand, it has been revealed during investigation that petitioner used to purchase mule accounts of other account holders on commission basis and had purchased as many as 10 such accounts from co accused Devender and Surinder. 36 complaints regarding commission of cyber crimes by using these accounts have been registered. The petitioner not only used the mule bank accounts procured from co Surinder but he had also used his own bank account for the purpose of committing cyber crime. It is argued that there are chances of petitioner’s attributed to him is not that of principal beneficiary of any cyber fraud but merely of an intermediary/commission agent who arranged/used bank ions of amounts through USDT. An amount of Rs.1 lakh is alleged to have been earned by him by way of commission. There is no allegation of his making any inducement to the victims, retaining the principal proceeds of the alleged offence or of personally cheating any victim. He is not required for further investigation since the same stands concluded. The trial will take considerable time to conclude. No useful purpose would be served by detaining him in custody anymore. He is on bail in another case egistered against him. The subject offences are triable by Magistrate. No It is, therefore, argued that he deserves to be released on bail and the petition deserves to be allowed. l has argued that the allegations against the petitioner are serious in nature. He is a habitual offender being involved in one more case of similar nature. His role in commission of the offence of cheating and cyber fraud with the victims is not minor. On the other hand, it has been revealed during investigation that apart from the petitioner used to purchase mule accounts of other account holders on commission basis and had purchased as many as 10 such accounts from co- 6 complaints regarding commission of cyber crimes by using these accounts have been registered. The petitioner not only used the mule bank accounts procured from co-accused Devender and Surinder but he had also used his own bank account for the purpose of committing cyber crime. It is argued that there are chances of petitioner’s attributed to him is not that of principal beneficiary of any cyber fraud but merely of an intermediary/commission agent who arranged/used bank ions of amounts through USDT. An amount of Rs.1 lakh is alleged to have been earned by him by way of commission. There is no ictims, retaining the principal cheating any victim. He is not required for further investigation since the same stands concluded. The trial will take considerable time to conclude. No useful purpose would be served by detaining him in custody anymore. He is on bail in another case No It is, therefore, argued that he deserves has argued that the allegations against the petitioner are serious in nature. He is a habitual offender being involved in one more case of similar nature. His role in commission of the On the the petitioner used to purchase mule accounts of other account holders on - 6 complaints regarding commission of cyber crimes by using these accounts have been registered. The petitioner not accused Devender and Surinder but he had also used his own bank account for the purpose of committing cyber crime. It is argued that there are chances of petitioner’s AMIT SHARMA 2026.07.28 14:49 I attest to the accuracy and integrity of this order/judgment. CRM-M-12234 absconding or committing similar offences, if extended benefit of bail. It is, thus, argued that the petition does not deserve to be allowed. 5. This Court has heard the rival counsel for the parties at considerable length. 6. The petitioner is alleged to have accused for cheating and defrauding public persons by using his own Kotak Mahindra Bank account as well as the accou Devender/Surinder as procured/purchased by him for the purpose of facilitating transaction of money received by commission of is alleged to be associated with a group involved in cheating people online by soliciting investments and then siphoning off the said investments by committing fraud and converting the same into Indian currency via USDT. He is also alleged to have been trading in Crypto currency registration of FIR. involvement in the ope organized manner in which the offence was allegedly committed and the petitioner’s alleged role levelled against him. Such like cases are on rise and everyday one hears about innocent public persons being duped of their hard earned money. in question is not an isolated act but is part of an organized cyber fraud wherein bank Cyber crimes are steadily increasing and have a deep society targeting unsuspecting citizens and eroding public confidence in digital platforms. Such offences are serious e 12234-2026 (O&M) 4 absconding or committing similar offences, if extended benefit of bail. It is, thus, argued that the petition does not deserve to be allowed. This Court has heard the rival counsel for the parties at considerable length. The petitioner is alleged to have accused for cheating and defrauding public persons by using his own Kotak Mahindra Bank account as well as the accounts of different persons including Devender/Surinder as procured/purchased by him for the purpose of facilitating transaction of money received by commission of is alleged to be associated with a group involved in cheating people online by soliciting investments and then siphoning off the said investments by committing fraud and converting the same into Indian currency via USDT. He is also alleged to have been trading in Crypto currency registration of FIR. The allegations against the petitioner clearly involvement in the operational layer of a well ed manner in which the offence was allegedly committed and the petitioner’s alleged role prima facie reflect the seriousness of the levelled against him. Such like cases are on rise and everyday one hears about innocent public persons being duped of their hard earned money. in question is not an isolated act but is part of an organized cyber fraud wherein banking channels forms a crucial link in execution of the crime. Cyber crimes are steadily increasing and have a deep society targeting unsuspecting citizens and eroding public confidence in digital platforms. Such offences are serious e absconding or committing similar offences, if extended benefit of bail. It is, thus, argued that the petition does not deserve to be allowed. This Court has heard the rival submissions made by learned The petitioner is alleged to have been involved with the co- accused for cheating and defrauding public persons by using his own Kotak nts of different persons including Devender/Surinder as procured/purchased by him for the purpose of facilitating transaction of money received by commission of cyber fraud. He is alleged to be associated with a group involved in cheating people online by soliciting investments and then siphoning off the said investments by committing fraud and converting the same into Indian currency via USDT. He is also alleged to have been trading in Crypto currency on the date of against the petitioner clearly indicate his rational layer of a well-organized cyber fraud. The ed manner in which the offence was allegedly committed and the 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 offence in question is not an isolated act but is part of an organized cyber fraud ing channels forms a crucial link in execution of the crime. Cyber crimes are steadily increasing and have a deep-rooted impact on the society targeting unsuspecting citizens and eroding public confidence in digital platforms. Such offences are serious economic crimes, effecting not absconding or committing similar offences, if extended benefit of bail. It is, submissions made by learned - accused for cheating and defrauding public persons by using his own Kotak nts of different persons including Devender/Surinder as procured/purchased by him for the purpose of fraud. He is alleged to be associated with a group involved in cheating people online by soliciting investments and then siphoning off the said investments by committing fraud and converting the same into Indian currency via USDT. date of indicate his . The ed manner in which the offence was allegedly committed and the allegations levelled against him. Such like cases are on rise and everyday one hears about The offence in question is not an isolated act but is part of an organized cyber fraud ing channels forms a crucial link in execution of the crime. rooted impact on the society targeting unsuspecting citizens and eroding public confidence in conomic crimes, effecting not AMIT SHARMA 2026.07.28 14:49 I attest to the accuracy and integrity of this order/judgment. CRM-M-12234 only the victim but the financial system at large and, therefore, require a strict approach at the stage of grant of bail. Keeping in view the above discussed facts, this Court is of the considered opinion that the petition d to be allowed. Accordingly, the same is dismissed. 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. 8. Sinc if any, is rendered infructuous. 28 .07.2026 Amit Sharma 12234-2026 (O&M) 5 only the victim but the financial system at large and, therefore, require a strict approach at the stage of grant of bail. Keeping in view the above discussed facts, this Court is of the considered opinion that the petition d to be allowed. Accordingly, the same is dismissed. 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. Since the main petition has been dismissed if any, is rendered infructuous. (MANISHA BATRA) Whether speaking/reasoned:- Whether reportable:- Yes/No only the victim but the financial system at large and, therefore, require a strict approach at the stage of grant of bail. Keeping in view the above discussed facts, this Court is of the considered opinion that the petition does not deserve to be allowed. Accordingly, the same is dismissed. 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 e the main petition has been dismissed, pending application, (MANISHA BATRA) JUDGE - Yes/No only the victim but the financial system at large and, therefore, require a strict approach at the stage of grant of bail. Keeping in view the above discussed oes not deserve 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 pending application, AMIT SHARMA 2026.07.28 14:49 I attest to the accuracy and integrity of this order/judgment.