CRM-M-33786-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-33786-2025 Date of decision: 03.12.2025 Jatin Jindal ......Petitioner Versus State of Haryana .....Respondent CORAM: HON'BLE MS. JUSTICE AARADHNA SAWHNEY Present: Mr. Arun Kumar, Advocate for the petitioner. Mr. Vishal Singh, AAG, Haryana. AARADHNA SAWHNEY , J (ORAL) 1. By virtue of the present petition under Section 483 BNSS, petitioner, an accused in case bearing FIR No. 49 dated 03.07.2024 registered against him, for commission of offences punishable under Sections 406,420,467,468,471,120- B,201 IPC at Police Station Cyber Crime, Sector 12, Panchkula, has filed the present petition for grant of regular bail. 2. Relevant facts as emerging from documents on record be noticed hereinbelow:- Lalit Singla, son of Bal Krishan Singla, resident of Panchkula, a jeweller by profession set the law in motion by filing a complaint alleging therein that on 13.12.2023, he received a “whatsapp” group link on his whatsapp mobile no.9814329109 from another mobile No.9575441247. The caller introduced himself as Rahul, one of the group admins of “EG Primary Group X2” and also disclosed that there are three other admins, as also that the group is involved in share market trading and crypto-currency. Complainant also joined the group and at the instance of aforesaid Rahul, had “whatsapp” conversation with one James MANOJ KUMAR 2025.12.11 22:33 I attest to the accuracy and authenticity of this order CRM-M-33786-2025 2 Smith on +447411645449. Complainant further alleged that he was asked to open a separate account as also to provide KYC documents. In order to carry out the transactions, complainant created a separate ID with Mobile No.9814329109 and password as Ganapatit 848. Complainant alleged that on 16.04.2024, he had transferred an amount of Rs.8,50,000/- from his account in HDFC Bank to the disclosed account in PNB Bank. Thereafter, he transferred various amounts to 12 different bank accounts, on the asking of the fraudsters. In all, the complainant alleges that in this cyber fraud, he has been defrauded of Rs.9,68,18,411/-. Immediately, after the receipt of complaint, the bank account of the petitioner was ordered to be freezed by NCRP Portal. Aforesaid FIR came to be registered and investigation was conducted. During the course of investigation, one of the bank accounts in which the complainant had transferred the amount was found to be in the name of “Normatic Business Solution Proprietors” (226) owned by one Ashutosh Nageshwar @ Ashu. In the said amount, Rs.71 lacs were found to be transferred on 25.06.2024. Before action could be initiated, cyber fraud money started transferring to various bank accounts. It also came to the notice of the Investigating Officer that Rs.9 lacs were transferred from the account of Normatic Business Solution Proprietors to account No.07931100000491 of IDBI Bank, Kanhangad Branch, Kasaragod belonging to the petitioner. The said account was ordered to be freezed. Firstly, Mushtaq Mohd was arrested on 11.07.2024, who during the course of interrogation disclosed that he was known to the present petitioner, who was engaged in defrauding the persons on the pretext of playing online games as also that petitioner was on the look-out of some persons, who could open accounts in different Banks. Accepting his request, Mushtaq Mohd opened a saving account in PNB. Cheque book, ATM kit delivered from the Bank MANOJ KUMAR 2025.12.11 22:33 I attest to the accuracy and authenticity of this order CRM-M-33786-2025 3 was received by the present petitioner. Another bank in UCO Bank, Patiala was also opened. Necessary documents pertaining to this account were also handed over to the petitioner. Thus, various accounts were opened in Yes Bank of India, Indus Bank etc. In lieu of opening accounts in various banks, petitioner used to give commission to Mushtaq Mohd. On the basis of this disclosure statement, the petitioner was arrested on 11.07.2024. During interrogation, the petitioner disclosed that he had met one Sahil Verma in Delhi, who had introduced him to this illegal business of online fraud. Most importantly the petitioner disclosed that the bank accounts opened in various banks, mobile number details and other necessary information was supplied by him to one Moon, who is resident of China, who further used these details to commit such cyber frauds. Till now, following persons have been arrested. i) Mushtaq Mohd; ii) Present petitioner; iii) Neeraj Kumar; and iv) Ashutosh; 3. Admittedly, challan has been presented before the trial Court. Petitioner moved an application for grant of bail. The same came to be dismissed by the learned Addl. Sessions Judge, Panchkula vide order dated 04.11.2024. Aggrieved of which, a petition for grant of bail bearing CRM-M-2825-2025 was filed, which was dismissed as withdrawn on 25.03.2025. Thus, the present petition has been filed for grant of bail. 4. I have heard learned counsel for the parties and perused the record carefully with their able assistance. 5. Learned counsel for the petitioner contends that the petitioner, who is permanent resident of Patiala has been falsely implicated in the present case, only on the basis of disclosure statement of co-accused Mushtaq Mohd, which is a very MANOJ KUMAR 2025.12.11 22:33 I attest to the accuracy and authenticity of this order CRM-M-33786-2025 4 weak kind of evidence. Bank account No.1686102100000490 maintained at PNB in which Rs.38,00,000 were transferred by the complainant, is in the name of R.K. Enterprises registered at Shop No.12-AB Backside Thaper College Patiala, which is the sole proprietorship firm of Mushtaq. There is no document on record to connect the petitioner either with the aforesaid bank account or the Firm. There is nothing to indicate that the co-accused Mushtaq Mohd was working under the patronage or guidance of the present petitioner. Learned counsel further contends that similarly situated co-accused, who had played an active role in opening bank account in one of the Branches of Indus Bank, Delhi in which the complainant had transferred Rs.65 lacs was granted the concession of bail by the then learned Addl. Sessions Judge, Panchkula. Hence, it has been prayed that similar treatment be meted out to the present petitioner. Learned counsel next contends that the petitioner, who is not the beneficiary of the alleged fraud, has been in custody since July 2024, thus deserves a lenient view to be taken in his favour as the completion of trial (offences being magisterial triable) would take long time, further his incarceration would not only be violative of his rights under Article 21 of the Constitution of India including right to speedy trial and would, also be against the principle of “Bail is a general rule and incarceration is an exception” as held by Hon’ble Supreme Court in Dataram vs. State of Uttar Pradesh and another, 2018(2) R.C.R. (Criminal) 131. 6. Per contra, learned State counsel has vehemently opposed the request for grant of bail. He has referred to the detailed status report, highlighting the modus operandi in which this online fraud is being committed. As per learned State counsel, the petitioner is mastermind of the crime and is running syndicate to cheat innocent persons by alluring them through online gaming and investment portals. That apart, details of the various bank accounts got opened by him MANOJ KUMAR 2025.12.11 22:33 I attest to the accuracy and authenticity of this order CRM-M-33786-2025 5 through various persons, in which the defrauded money is parked, is being shared by petitioner with one “Moon”, who is residing in China. Persons, who open the accounts are being paid the commission. It is further the contention of learned State counsel that at the instance of the petitioner, Rs.1,30,000/- were recovered apart from a SIM bearing No.7626904474, which is in the name of co-accused Mushtaq Mohd. Through this SIM, petitioner used to talk to said Moon and used to provide the details of the bank accounts opened by various other accused, who used to be given commission in lieu thereof. Forged stamps of R.K. Enterprise used at the time of opening the account were also recovered at the instance of petitioner and taken into possession. Learned State counsel further submits that as many as 25 complaints are pending all across India with regard to PNB Account No.xxxxxxxxxxxx490 in the name of accused Mushtaq Mohd being used by present petitioner. Learned counsel further contends that petitioner and co- accused Neeraj are not similarly situated, for the said accused was not found operating the account, which was opened in the name of fake firm Pandit Rajesh Cargo OPC Pvt Ltd. Learned State counsel submits that in view of magnanimity of the fraud committed by the accused, number of complaints against a particular account in PNB account which was being operated by the petitioner, the fact that the other accused have not been arrested, no case for grant of bail is made out. 7. At the outset, it needs to be mentioned that cyber crimes are faceless crimes, which effect the financial stability of the country. Anonymity of criminals makes it more dangerous allowing them to operate with impunity. In the instant case, in view of the role assigned to the petitioner, as has been highlighted in the status report, based on the incriminating material collected during the course of investigation, in view of seriousness and gravity of offence, no case for grant of bail is made out, for if extended the concession of bail, the likelihood of the petitioner fleeing from the process of justice by not MANOJ KUMAR 2025.12.11 22:33 I attest to the accuracy and authenticity of this order CRM-M-33786-2025 6 appearing in the Court, overawing complainant and related witnesses cannot be ruled out. Dismissed. 03.12.2025 ( AARADHNA SAWHNEY ) manoj JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2025.12.11 22:33 I attest to the accuracy and authenticity of this order