CRM-M-1720-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-1720-2025 Reserved on: 22.07.2025 Pronounced on: 31.07.2025 Digvijay alias Bablu Patel ...Petitioner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Sahil Nain, Advocate for Mr. Sandeep Kumar, Advocate for the petitioner. Mr. Atul Gaur, AAG, Haryana. **** ANOOP CHITKARA, J. FIR No. Dated Police Station Sections 12 15.05.2023 Cyber Sonipat, District Sonipat 120-B/420/467/468/471 IPC 1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail. 2. Per paragraph 14 of the bail petition, petitioner has no criminal antecedents. 3. The facts and allegations are being taken from the translated version of FIR, Annexure P-1, which reads as follows: “To the SHO Cyber Police Station Secker- 23 Sonipat, Respected Sir I am the principal of Om Public School, Gohana and school is having Current account no. 37720200000187 in Bank of Baroda, Branch Gohana, Sonipat, the registered mobile number is 92152xxxxx, which is linked with mail id in opsgohana@rediffmail.com. The above account related message/ OTP registered Mobile Number is with Nirmal Lather, Director of the School and the access of registered email ID in the bank account is with the accountant Karambir and IT head Bijender. That today on 15.05.2023 wanted to access the email in the afternoon but mail was not accessed and the registered mobile number was also not working. On suspicion, check the account balance of the above said account number and came to know that unknown person fraudulently and in connivance; have caused a loss to us by adding fake beneficiary Account in the above account; defrauded a total of Rs 1,59,50,047.20 (one crore sixty nine 1 Jyoti Sharma 2025.08.05 17:39 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRM-M-1720-2025 lacs and fifty thousand forty the unknown persons rupees). That seven conspiracy and added the in fake fraudulently; beneficiary in the above said account number; committed fraud of Rs 1,59,50,047.20 and caused loss to us. That the fraudsters persons in conspiracy opened fake bank accounts and changed the password of e-mail id and tempered the phone number; transferred the above said amount from the current account of the school without our permission from 14.05.2023 to 15.05,2023 and have caused loss. Legal action may kindly be taken against fraudsters who used fake documents. Thank you, Manjeet Khasa, Principal of Om Public School, Gohana Mob.No. 98131XXXXX, 9215XXXXX, R/o 1003, Sector 23 Sonipat.” 4. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family. 5. State counsel opposed the bail on instructions. 6. There is sufficient primafacie evidence connecting the petitioner with the alleged crime. However, pre-trial incarceration should not be a replica of post-conviction sentencing. Per paragraph 9 of the bail petition, the petitioner has been in custody since 24.05.2023. Per the custody certificate dated 22.07.2025, the petitioner’s total custody in this FIR is 02 years, 01 month and 29 days. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegations, and the other factors peculiar to this case, there would be no justifiability for further pre-trial incarceration at this stage. 7. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail. This order shall come into force from the time it is uploaded on this Court's official webpage. 8. Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Court must be satisfied that if the accused fails to appear, such surety can produce the accused. 9. While furnishing a personal bond, the petitioner shall mention the following personal identification details: 1. AADHAR number 2. Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 2 Jyoti Sharma 2025.08.05 17:39 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRM-M-1720-2025 10. This order is subject to the petitioner’s complying with the following terms. 11. The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court. 12. This bail is conditional, and the foundational condition is that if the petitioner indulges in any non-bailable offense, the State may file an application for cancellation of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 13. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 14. A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. 15. Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 31.07.2025 Jyoti Sharma Whether speaking/reasoned: Yes Whether reportable: No. 3 Jyoti Sharma 2025.08.05 17:39 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh