CRM-M-24777 IN THE HIGH COURT OF PUNJAB AND HARYANAAT 210 SABIR HUSSAIN STATE OF CORAM: HON'BLE MR. JUSTICE Present : SURYA P petitioner under Section 482 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. It has been filed with regard to a case arising out of FIR No. dated 02.12.2025 commission of of 340(2) of Telecommunication Act. 2. Mustak’, 24777-2026(O&M) IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH CRM DATE OF DECISION SABIR HUSSAIN VERSUS STATE OF HARYANA CORAM: HON'BLE MR. JUSTICE SURYA P Mr. Mazlish Khan, Advocate Ms. Deepali Verma, Asst. A.G. Haryana SURYA PARTAP SINGH, J. This petition for pre-arrest bail is petitioner under Section 482 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. It has been filed with regard to a case arising out of FIR No. 02.12.2025, Police Station Cyber Crime Nuh commission of offence punishable under Section of Bharatiya Nyaya Sanhita, 2023 Telecommunication Act. The abovementioned FIR came into being at the instance of ‘ Mustak’, who reported that on 02.12.2025 8587 1 IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH CRM-M-24777-2026(O&M) DATE OF DECISION : 18.08.2026 .....PETITIONER VERSUS .....RESPONDENT SURYA PARTAP SINGH Advocate for the petitioner. Ms. Deepali Verma, Asst. A.G. Haryana. arrest bail is the first petition, filed by the petitioner under Section 482 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. It has been filed with regard to a case arising out of FIR No.290 Cyber Crime Nuh, District Nuh, for the unishable under Sections 318(4), 319, 336(3), 338, Bharatiya Nyaya Sanhita, 2023 and Section 42(3)(E) of the The abovementioned FIR came into being at the instance of ‘ 02.12.2025, when he was leading a team of .2026 .....PETITIONER .....RESPONDENT filed by the petitioner under Section 482 of ‘the Bharatiya Nagarik Suraksha Sanhita, 290 for the 318(4), 319, 336(3), 338, and Section 42(3)(E) of the The abovementioned FIR came into being at the instance of ‘SI leading a team of GAURAV THAKUR 2026.08.20 09:26 I attest to the accuracy and integrity of this document CRM-M-24777 police official, deputed for patrolling duty and prevention of cybercrime, he received a tip accused of the petitioner) would be caught red police officer, conducted and it was found that the above defrauding the public under the guise of pro conceiving babies that for the abovementioned scheme, registration fee was being charged and thus, the innocent public was being subjected to fraud. 3. investigation, the co mobile phone was recovered. According to prosecution, when the abovementioned mobile phone was examined, it was found that with the help of abovementioned mobile phone accounts, 4. abovementioned development, investigation taken up. investigation it was found that the petitioner was involved with his co accused ‘Tarif’, and that a large amount abovementioned fraudulent means, was credited in the petitioner. 24777-2026(O&M) police official, deputed for patrolling duty and prevention of cybercrime, he received a tip-off from a reliable source that ‘Tarif S/o Hanif’ (the co accused of the petitioner) was involved in cyber fraud, and that on raid, would be caught red-handed. It was further reported by the above police officer, that pursuant to abovementioned information, the raid was conducted and it was found that the above defrauding the public under the guise of pro conceiving babies. It was further reported by the above that for the abovementioned scheme, registration fee was being charged and thus, the innocent public was being subjected to fraud. It is case of the prosecution that during the course of further investigation, the co-accused ‘Tarif’ was arrested and mobile phone was recovered. According to prosecution, when the abovementioned mobile phone was examined, it was found that with the of abovementioned mobile phone he had created several social media for the purpose of cheating the public. It is further case of the prosecution that in view of abovementioned development, formal FIR of this case was lodged and the igation taken up. According to prosecution, during the course of investigation it was found that the petitioner was involved with his co accused ‘Tarif’, and that a large amount abovementioned fraudulent means, was credited in the petitioner. 8587 2 police official, deputed for patrolling duty and prevention of cybercrime, he off from a reliable source that ‘Tarif S/o Hanif’ (the co was involved in cyber fraud, and that on raid, handed. It was further reported by the above-named pursuant to abovementioned information, the raid was conducted and it was found that the above-named co-accused was defrauding the public under the guise of providing financial help for . It was further reported by the above-named police officer that for the abovementioned scheme, registration fee was being charged and thus, the innocent public was being subjected to fraud. prosecution that during the course of further accused ‘Tarif’ was arrested and from his possession, mobile phone was recovered. According to prosecution, when the abovementioned mobile phone was examined, it was found that with the he had created several social media for the purpose of cheating the public. It is further case of the prosecution that in view of formal FIR of this case was lodged and the According to prosecution, during the course of investigation it was found that the petitioner was involved with his co accused ‘Tarif’, and that a large amount of money, received by abovementioned fraudulent means, was credited in the bank account of police official, deputed for patrolling duty and prevention of cybercrime, he off from a reliable source that ‘Tarif S/o Hanif’ (the co- was involved in cyber fraud, and that on raid, he named pursuant to abovementioned information, the raid was accused was ial help for named police officer that for the abovementioned scheme, registration fee was being charged and prosecution that during the course of further from his possession, mobile phone was recovered. According to prosecution, when the abovementioned mobile phone was examined, it was found that with the he had created several social media It is further case of the prosecution that in view of formal FIR of this case was lodged and the According to prosecution, during the course of investigation it was found that the petitioner was involved with his co- of money, received by account of the GAURAV THAKUR 2026.08.20 09:26 I attest to the accuracy and integrity of this document CRM-M-24777 5. 6. the petitioner of offence. According to learned counsel for the petitioner clean antecedents, co-accused for the petitioner has further contended that the Investigating Agency against the petitioner, In view of above, benefit of pre 7. abovementioned arguments. According to learned State Counsel, in the present case there are allegations against the petitioner that he received money in his bank account and thus, participated in the offence of cheating. As per learned State Counsel, in order to commission of crime, and also to dig behind the commission of offence by custodial interrogation is necessary. 8. 9. settled principles of law that the Court must be circumspect exercising power matter of 24777-2026(O&M) Heard. It has been contended by learned counsel for the petitioner that the petitioner is innocent, having no nexus, whatsoever, with the commission of offence. According to learned counsel for the petitioner clean antecedents, and that merely on the basis of disclosure statement of his accused he has been implicated in the present case. The learned counsel for the petitioner has further contended that Investigating Agency against the petitioner, In view of above, the learned counsel for the petitioner has sought for the benefit of pre-arrest bail for the petitioner. The learned State Counsel has controverted the entioned arguments. According to learned State Counsel, in the present case there are allegations against the petitioner that he received money in his bank account and thus, participated in the offence of cheating. As per learned State Counsel, in order to commission of crime, and also to dig-out the truth about the behind the commission of offence by the petitioner and his co custodial interrogation is necessary. The record has been perused As far as the benefit of anticipatory bail is concerned, it is settled principles of law that the Court must be circumspect exercising power to grant anticipatory bail and it should not be granted as a matter of routine. Rather as per law the abovesaid benefit should be granted 8587 3 It has been contended by learned counsel for the petitioner that is innocent, having no nexus, whatsoever, with the commission of offence. According to learned counsel for the petitioner, the petitioner has and that merely on the basis of disclosure statement of his he has been implicated in the present case. The learned counsel for the petitioner has further contended that the sole evidence, collected by Investigating Agency against the petitioner, is inadmissible in evidence. the learned counsel for the petitioner has sought for the arrest bail for the petitioner. The learned State Counsel has controverted the entioned arguments. According to learned State Counsel, in the present case there are allegations against the petitioner that he received money in his bank account and thus, participated in the offence of cheating. As per learned State Counsel, in order to fix role of the petitioner in the out the truth about the modus operandi the petitioner and his co-accused, his carefully. As far as the benefit of anticipatory bail is concerned, it is settled principles of law that the Court must be circumspect, while grant anticipatory bail and it should not be granted as a er law the abovesaid benefit should be granted It has been contended by learned counsel for the petitioner that is innocent, having no nexus, whatsoever, with the commission , the petitioner has and that merely on the basis of disclosure statement of his he has been implicated in the present case. The learned counsel the sole evidence, collected by is inadmissible in evidence. the learned counsel for the petitioner has sought for the The learned State Counsel has controverted the entioned arguments. According to learned State Counsel, in the present case there are allegations against the petitioner that he received money in his bank account and thus, participated in the offence of cheating. fix role of the petitioner in the modus operandi accused, his As far as the benefit of anticipatory bail is concerned, it is while grant anticipatory bail and it should not be granted as a er law the abovesaid benefit should be granted GAURAV THAKUR 2026.08.20 09:26 I attest to the accuracy and integrity of this document CRM-M-24777 only when the Court is convinced that exceptional circumstances exist for the extraordinary remedy. 10. the case of Srikant Upadhyay v. State of has observed that power to grant anticipatory bail is extraordinary power, and that irrespective of the fact that in a number of cases, it has been held that bail is a rule, it cannot; by any stretch of imagination, be said th anticipatory bail is a rule. 11. case has further observed that rule of anticipatory bail is a question of judicial discretion depending upon the facts and circumstances of each case. According t abovesaid power the Court concerned has to be very cautious, as the grant of interim protection to the accused in serious cases may lead to miscarriage of justice and may hamper the investigation. 12. Vishwajeet Jadhav v. The State of Maharashtra and Another (Special Leave Petition (Criminal) No. 10255 of 2024, decided on 21.07.2024), the Hon'ble Supreme Court of India has held that anticip remedy and it ought not be granted in a routine manner. As per the Hon'ble Supreme Court, there must exist strong reasons for extending indulgence of this extraordinary remedy to a person accused of grave offence. 24777-2026(O&M) only when the Court is convinced that exceptional circumstances exist for the extraordinary remedy. With regard to above, the Hon'ble Supreme Court of India in the case of Srikant Upadhyay v. State of has observed that power to grant anticipatory bail is extraordinary power, and that irrespective of the fact that in a number of cases, it has been held that bail is a rule, it cannot; by any stretch of imagination, be said th anticipatory bail is a rule. The Hon'ble Supreme Court of India in the abovementioned case has further observed that rule of anticipatory bail is a question of judicial discretion depending upon the facts and circumstances of each case. According to Hon'ble Apex Court, when called upon to exercise the abovesaid power the Court concerned has to be very cautious, as the grant of interim protection to the accused in serious cases may lead to miscarriage of justice and may hamper the investigation. Similarly, in the case of Nikita Jagganath Shetty alias Nikita Vishwajeet Jadhav v. The State of Maharashtra and Another (Special Leave Petition (Criminal) No. 10255 of 2024, decided on 21.07.2024), the Hon'ble Supreme Court of India has held that anticip remedy and it ought not be granted in a routine manner. As per the Hon'ble Supreme Court, there must exist strong reasons for extending indulgence of this extraordinary remedy to a person accused of grave offence. 8587 4 only when the Court is convinced that exceptional circumstances exist for , the Hon'ble Supreme Court of India in the case of Srikant Upadhyay v. State of Bihar 2024 SCC OnLine SC 282, has observed that power to grant anticipatory bail is extraordinary power, and that irrespective of the fact that in a number of cases, it has been held that bail is a rule, it cannot; by any stretch of imagination, be said th The Hon'ble Supreme Court of India in the abovementioned case has further observed that rule of anticipatory bail is a question of judicial discretion depending upon the facts and circumstances of each case. o Hon'ble Apex Court, when called upon to exercise the abovesaid power the Court concerned has to be very cautious, as the grant of interim protection to the accused in serious cases may lead to miscarriage of justice and may hamper the investigation. Similarly, in the case of Nikita Jagganath Shetty alias Nikita Vishwajeet Jadhav v. The State of Maharashtra and Another (Special Leave Petition (Criminal) No. 10255 of 2024, decided on 21.07.2024), the Hon'ble Supreme Court of India has held that anticipatory bail is an exceptional remedy and it ought not be granted in a routine manner. As per the Hon'ble Supreme Court, there must exist strong reasons for extending indulgence of this extraordinary remedy to a person accused of grave offence. only when the Court is convinced that exceptional circumstances exist for , the Hon'ble Supreme Court of India in Bihar 2024 SCC OnLine SC 282, has observed that power to grant anticipatory bail is extraordinary power, and that irrespective of the fact that in a number of cases, it has been held that bail is a rule, it cannot; by any stretch of imagination, be said that The Hon'ble Supreme Court of India in the abovementioned case has further observed that rule of anticipatory bail is a question of judicial discretion depending upon the facts and circumstances of each case. o Hon'ble Apex Court, when called upon to exercise the abovesaid power the Court concerned has to be very cautious, as the grant of interim protection to the accused in serious cases may lead to miscarriage of Similarly, in the case of Nikita Jagganath Shetty alias Nikita Vishwajeet Jadhav v. The State of Maharashtra and Another (Special Leave Petition (Criminal) No. 10255 of 2024, decided on 21.07.2024), the Hon'ble atory bail is an exceptional remedy and it ought not be granted in a routine manner. As per the Hon'ble Supreme Court, there must exist strong reasons for extending indulgence of GAURAV THAKUR 2026.08.20 09:26 I attest to the accuracy and integrity of this document CRM-M-24777 13. 1980 SCC (2) 565, the Hon'ble Supreme Court of India held that: 14. investigation is still going on and with regard to role of petitioner in the commission of crime, any evidence is yet to be collected Agency. However, in view of the fact that a part of proceed of crime has been credited in the ruled out that the petitioner might have participated in the commission of crime. Thus, in order to the commission of crime, his custodial interrogation importance. 24777-2026(O&M) In the case of Gurbaksh Singh Sibbia etc. v. State of Punjab 1980 SCC (2) 565, the Hon'ble Supreme Court of India held that: (i) The power under Section 438, Criminal Procedure Code, is of an extraordinary character and must be exercised sparingly in exceptional cases only. (ii) In addition to the limitations mentioned in Section 437, the petitioner must make out a special case for the exercise of the power to grant anticipatory bail. (iii) Where a legitimate case for the remand of the offender to the police custody under Section 167(2) can be made out by the investigating agency or a reasonable claim to secure incriminating material from information likely to be received from the offender under Section 27 of the Evidence Act can be made out, the power under Sec exercised. In the present case, this fact cannot be ignored that the investigation is still going on and with regard to role of petitioner in the commission of crime, any evidence is yet to be collected However, in view of the fact that a part of proceed of crime has been credited in the bank account of the petitioner, t ruled out that the petitioner might have participated in the commission of Thus, in order to dig-out the truth, the commission of crime, his custodial interrogation importance. 8587 5 ase of Gurbaksh Singh Sibbia etc. v. State of Punjab 1980 SCC (2) 565, the Hon'ble Supreme Court of India held that:- The power under Section 438, Criminal Procedure Code, is of an extraordinary character and must be exercised sparingly in In addition to the limitations mentioned in Section 437, the petitioner must make out a special case for the exercise of the power to grant anticipatory bail. Where a legitimate case for the remand of the offender to the stody under Section 167(2) can be made out by the investigating agency or a reasonable claim to secure incriminating material from information likely to be received from the offender under Section 27 of the Evidence Act can be made out, the power under Section 438 should not be In the present case, this fact cannot be ignored that the investigation is still going on and with regard to role of petitioner in the commission of crime, any evidence is yet to be collected by the Investigating However, in view of the fact that a part of proceed of crime has bank account of the petitioner, this possibility cannot be ruled out that the petitioner might have participated in the commission of , and to fix the role of petitioner the commission of crime, his custodial interrogation is of paramount ase of Gurbaksh Singh Sibbia etc. v. State of Punjab The power under Section 438, Criminal Procedure Code, is of an extraordinary character and must be exercised sparingly in In addition to the limitations mentioned in Section 437, the petitioner must make out a special case for the exercise of the Where a legitimate case for the remand of the offender to the stody under Section 167(2) can be made out by the investigating agency or a reasonable claim to secure incriminating material from information likely to be received from the offender under Section 27 of the Evidence Act can tion 438 should not be In the present case, this fact cannot be ignored that the investigation is still going on and with regard to role of petitioner in the by the Investigating However, in view of the fact that a part of proceed of crime has his possibility cannot be ruled out that the petitioner might have participated in the commission of and to fix the role of petitioner in is of paramount GAURAV THAKUR 2026.08.20 09:26 I attest to the accuracy and integrity of this document CRM-M-24777 15. custodial interrogation Investigating Agency Investigating Agency case of such denial, Investigating Agency 16. relevant laws, it for invoking the extraordinary jurisdiction to protect the petitioner according present petition hereby dismissed 17. hereinabove shall not be construed as an expression of opinion on the merits of the case. 18. application 18.08.2026 Gaurav Thakur Whether speaking/reasoned Whether reportable 24777-2026(O&M) It shall not be out of place to mention here that custodial interrogation of a suspect, is a valuable right ting Agency, and in the present case, if such right is den Investigating Agency, the same may result into miscarriage of justice case of such denial, the investigation may not take a proper headway Investigating Agency may not be able to collect requisite evidence. Considering the above-discussed facts relevant laws, it is hereby observed that no ground exists for invoking the extraordinary jurisdiction to protect the petitioner according him the benefit of pre-arrest bail. petition is devoid of merits and dismissed, accordingly. It is, however, clarified that the observations hereinabove shall not be construed as an expression of opinion on the merits of the case. Since the main petition has been dismissed, pending applications, if any, are rendered infructuous. .2026 (SURYA PA Whether speaking/reasoned :Yes/No Whether reportable : Yes/No 8587 6 t shall not be out of place to mention here that right of is a valuable right available to an and in the present case, if such right is denied to the result into miscarriage of justice. In may not take a proper headway and the may not be able to collect requisite evidence. discussed facts & circumstances, and the no ground exists in the instant case for invoking the extraordinary jurisdiction to protect the petitioner, arrest bail. Thus, it is hereby held that the and deserves dismissal. The same is It is, however, clarified that the observations recorded hereinabove shall not be construed as an expression of opinion on the merits Since the main petition has been dismissed, pending rendered infructuous. SURYA PARTAP SINGH) JUDGE :Yes/No : Yes/No right of available to an ied to the . In and the and the in the instant case, by that the same is recorded hereinabove shall not be construed as an expression of opinion on the merits Since the main petition has been dismissed, pending GAURAV THAKUR 2026.08.20 09:26 I attest to the accuracy and integrity of this document