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High Court of Punjab and Haryana · body

2024 DAILYLAW 2841 (PNJ)

FEROZ YUSUF KAPADIA v. STATE OF HARYANA

CRM-M/27536/2026 · 2026-07-14

Sumeet Goel

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM CRM CRM CRM----M M M M----27536 27536 27536 27536---- 139 139 139 139 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Feroz Yusuf Kapadia 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 seeking grant of regular bail to the petitioner 08.03.2024, registered for IPC, at Police Station Cyber Crime Central, 2. 05.03.2024, complainant retired from the Central Bank of India. He stated that on 04.01.2024, while browsing Facebook, he came across a link relating to investment in the share market with the promise of earning substantial profi he was added to a WhatsApp group bearing mobile No.919999963383, namely "KKRCA Stock Investment Study Group 792." observing the activities in the said WhatsApp group, he found that its members ----2026 2026 2026 2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM CRM CRM CRM----M M M M----27536 27536 27536 27536----2026 2026 2026 2026 Feroz Yusuf Kapadia Versus Haryana Decision Decision Decision Decision: : : : July 14 July 14 July 14 July 14, 2026 , 2026 , 2026 , 2026 Date of Uploading: Date of Uploading: Date of Uploading: Date of Uploading: July 14 July 14 July 14 July 14, 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 Ms. Rekha Jain, Advocate for the petitioner (presence marked through video presence marked through video presence marked through video presence marked through video----conferencing conferencing conferencing conferencing Mr. Gautam Kaile, DAG Haryana. Mr. Gaurav Gupta, Advocate for the complainant. ***** ***** ***** ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section grant of regular bail to the petitioner, in case bearing FIR No registered for the offences punishable under Section IPC, at Police Station Cyber Crime Central, Faridabad, The gravamen of allegations against the petitioner 05.03.2024, complainant – Trilok Chand Ahuja informed the police that he had retired from the Central Bank of India. He stated that on 04.01.2024, while browsing Facebook, he came across a link relating to investment in the share market with the promise of earning substantial profi he was added to a WhatsApp group bearing mobile No.919999963383, namely "KKRCA Stock Investment Study Group 792." observing the activities in the said WhatsApp group, he found that its members 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT 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 petitioner conferencing conferencing conferencing conferencing). Mr. Gautam Kaile, DAG Haryana. Mr. Gaurav Gupta, Advocate for the complainant. filed under Section 483 of the BNSS in case bearing FIR No.0028 dated ences punishable under Sections 420, 120-B of Faridabad, Haryana. allegations against the petitioner is that on Trilok Chand Ahuja informed the police that he had retired from the Central Bank of India. He stated that on 04.01.2024, while browsing Facebook, he came across a link relating to investment in the share market with the promise of earning substantial profits. Upon clicking the said link, he was added to a WhatsApp group bearing mobile No.919999963383, namely The complainant stated that, after observing the activities in the said WhatsApp group, he found that its members 1111 ….Petitioner …Respondent 483 of the BNSS dated B of on Trilok Chand Ahuja informed the police that he had retired from the Central Bank of India. He stated that on 04.01.2024, while browsing Facebook, he came across a link relating to investment in the share ts. Upon clicking the said link, he was added to a WhatsApp group bearing mobile No.919999963383, namely The complainant stated that, after observing the activities in the said WhatsApp group, he found that its members MAHAVIR SINGH 2026.07.14 17:32 I attest to the accuracy and authenticity of this order/ judgment 2222 CRM CRM CRM CRM----M M M M----27536 27536 27536 27536----2026 2026 2026 2026 were claiming to earn exceptionally high returns, with the invested amount allegedly doubling within a short span of time. Being induced by such representations, he expressed his willingness to invest in the scheme, whereupon he was allotted VIP No.1016 for share trading. He further stated that one Akshay Tanna instructed him to submit an application for opening an account with KKRCA Securities Institute. Accordingly, he submitted the application bearing No.67940. Thereafter, acting on the instructions of the persons operating the scheme, he transferred a total sum of ₹96.65 lakhs into nine different bank accounts provided by them. The complainant further alleged that he was asked to pay an amount equivalent to 20% of the alleged profits, i.e., ₹27.65 lakhs. Believing their representations, he also transferred the said amount, thereby making payments aggregating to ₹96.65 lakhs to the accused persons. 3. Learned counsel for the petitioner has argued that the petitioner is in custody since 12.11.2025. Learned counsel has iterated that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further urged that assuming arguendo, the prosecution version is taken to be correct, prime role attributed to the petitioner is of selling his account, which has further been used to commit fraud in question. Learned counsel has further submitted that the petitioner is a man aged 46 years. Thus, regular bail is prayed for. 4. Learned State counsel has filed reply by way of an affidavit dated 04.07.2026, which is already on record. Raising submissions in tandem with the said reply, learned State counsel has opposed the present petition by arguing that allegations raised against the petitioner are direct/ serious in nature and, thus, the petitioner does not deserve the concession of the regular bail. Learned State counsel has argued that there are 29 pending complaints against the petitioner. Learned State counsel seeks to place on record the custody certificate dated 13.07.2026, in the Court today, which is taken on record. MAHAVIR SINGH 2026.07.14 17:32 I attest to the accuracy and authenticity of this order/ judgment 3333 CRM CRM CRM CRM----M M M M----27536 27536 27536 27536----2026 2026 2026 2026 4.1. Learned counsel for the complainant has vehemently opposed the grant of petition in hand by arguing that there are direct/ serious allegations against the petitioner. Learned counsel has submitted that Rs.15,00,000/- were transferred into the account of the petitioner, which are yet to be recovered. Learned counsel has submitted that the petitioner is, actually, the main conspirator/ perpetrator of the crime in question. Learned counsel has further submitted that the complainant has been defrauded to the tune of Rs.96.50 lakhs, in total, and, hence, he ought not to be granted the concession of regular bail by this Court. 5. I have heard counsel for the parties and have gone through the available records of the case. 6. The petitioner was arrested on 12.11.2025, whereinafter, the investigation was carried out and the challan has been presented on 24.12.2025. Total 19 prosecution witnesses have been cited and it is conceded case before this Court that 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. 6.1. As per custody certificate dated 13.07.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 08 months and 02 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. MAHAVIR SINGH 2026.07.14 17:32 I attest to the accuracy and authenticity of this order/ judgment 4444 CRM CRM CRM CRM----M M M M----27536 27536 27536 27536----2026 2026 2026 2026 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. 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. MAHAVIR SINGH 2026.07.14 17:32 I attest to the accuracy and authenticity of this order/ judgment 5555 CRM CRM CRM CRM----M M M M----27536 27536 27536 27536----2026 2026 2026 2026 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 July 14 July 14 July 14 July 14, 2026 , 2026 , 2026 , 2026 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2026.07.14 17:32 I attest to the accuracy and authenticity of this order/ judgment