1 2025:HHC:18123 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CrMP(M) No. : 1215 of 2025 Reserved on : 03.06.2025 Decided on : 06.06.2025 Kulveer …Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Mr. Kamal Kant Chandel, Advocate. For the respondent : Mr. Tejasvi Sharma and Mr. H.S. Rawat, Additional Advocates General, with Mr. Rohit Sharma, Deputy Advocate General. Virender Singh, Judge. Applicant-Kulveer has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing him on bail, during the pendency of 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:18123 trial, arising out of FIR No. 36 of 2024, dated 21st May, 2024, registered under Section 420 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and Section 66D of the Information Technology Act (hereinafter referred to as ‘IT Act’), with Cyber Crime Police Station, Central Range, Mandi, District Mandi, H.P. 2. According to the applicant, he is innocent and has falsely been implicated by the police, in this case, and arrested. 3. The investigation, in the present case, is stated be completed and according to the applicant, nothing has to be recovered from him or at his instance. 4. The applicant has termed the allegations, levelled against him, as false and frivolous, as, according to him, he has nothing to do with the alleged offences. 5. According to the applicant, he is a citizen of India and permanent resident of District Braiely, U.P., as such, there is no likelihood of his absconding. 6. The applicant has also tried his luck by moving the bail application, before the Court of learned 3 2025:HHC:18123 Sessions Judge, Mandi, however, his application was dismissed, vide order, dated 6th May, 2025. 7. Apart from this, the learned counsel appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial. 8. On the basis of the factual position, as mentioned in the bail application, a prayer has been made to release the applicant on bail, during the pendency of the trial. 9. When put to notice, the police has filed the status report, disclosing therein, that on 21st May, 2024, complainant-Brig. Suresh Gupta (Retd.), moved a complaint, before the police, disclosing therein, the following facts: “Subject: Request for lodging of an FIR in cyber cheating case of Rs Twenty Lakh. Dear Sir, This is a request for lodging of an FIR in a so- called FedEx International Courier Parcel Company fraudulent cheating that has resulted in a loss of my Rs 20 lakh rupees as per details provided in the subsequent paragraphs. On 19 May 2024, at around 10:30 AM I got a call from 7029762832 on my mobile WhatsApp number 9929990779 with 4 2025:HHC:18123 an IVR message that my parcel had been returned undelivered. As I am away from my usual place of residence at DLF Valley Panchkula, I waited for the representative to come on line to know the details. I was told during the course of discussion that this parcel with number 397259831259 had been booked from Mumbai on 10 May 2024. This was booked by using my family and mine details to some Zhang Lin, 112/3, Sambi Road, Taipei city, TAIWAN-104001. His contact number given was +8862737889. He told me that this parcel contained 5 Passports, 3 bank credit cards, 5 kg clothes and 200 grams of banned MDMA. This person gave me his personal employee ID as FX942798. He further advised me to immediately come over to Mumbai to lodge a police complaint with the cyber-crime branch for which I said that was not possible as I was staying far away in Himachal. Thereafter, he told me that he can connect me to the Mumbai Cyber Police Cell where I can lodge an online complaint. This is where I committed the mistake of accepting his advice and the entire trouble for me started. I was confronted by an entire range of 'Police officers posing as investigating officers from various Govt departments and in the process also sent me letters from CBI and RBI which on the face of it appeared genuine. They told me a detailed story of some ex- Maharashtra Minister Mohammed Islam Malik who they told was in jail but continuing illegal activities using fake identities of people. They told me that my Adhar details have been used from various states in a series of money laundering deals. I was told that since my documentary evidences have been used, I am being treated as a suspect under PMLA. The worst part of it was that they sent me a copy of RBI letter stating that 90% of my bank account amount is being frozen and will be transferred to Veerasona Private Limited ICICI bank account- 097605002605. AND FINALLY, THE TRANSACTION OF Rs 20,00,000 happened from my ICICI account number 5 2025:HHC:18123 635301006992. They kept me under monitoring throughout the night and I disconnected the call after learning from cyber helpline number 1930 that I had been duped of 20 lakhs. I thought of contacting the helpline number after having realized that the entire process adopted by these individuals was highly suspicious and my transferring of money was a big blunder on my part. Thus, I have not only been duped of my hard- earned money but my personal and family member details are with these culprits now. I am too afraid for the security of all of us. Relevant record attached herewith. May I request you to kindly lodge an FIR immediately and start further investigation and take strict action against fraudster, so that my hard- earned money gets refunded.” 9.1. On the basis of the above facts, the police registered the FIR and criminal machinery swung into motion. The investigation of the case was entrusted to Inspector Sanjeev Kumar. 9.2. Thereafter, the documents pertaining to the transactions, which were made by the complainant through NCCRP Portal, vide Acknowledgment No. 31205240002659 were procured. As per the documents, Account No. 097605002605, maintained with ICICI Bank, was found to be in the name of Veer Sona (OPC) Private Limited, proprietor Kulveer, s/o Bhole Ram (applicant). 6 2025:HHC:18123 9.3. It has been mentioned in the status report, that as per the bank statement, fraud of 7,83,147/- ₹ and 12,16,853/- was committed with the complainant, ₹ as, this amount was found to be deposited in the account of the accused (applicant). 9.4. As per the status report, in view of the IP logs, obtained from the Nodal Officer, the suspected IP address was found to be linked with mobile Nos. 9457197592 and 7534853541. Thereafter, the relevant documents, with regard to the Consumer Application Form and CDRs of the said mobile numbers were obtained. As per the Consumer Application Form, both the mobile numbers, i.e. 9457197592 and 7534853541, were found to be registered in the name of the applicant. Consequently, the applicant was directed to join the investigation, by issuing notice, under Section 41(A) CrPC, but, he did not join the investigation. 9.5. As per the further case of the police, during investigation, it was found that the applicant was arrested by Cyber Crime Central Police Station 7 2025:HHC:18123 Faridabad, Haryana, on 16th August, 2024, in FIR No. 71/24, dated 30th June, 2024, registered under Section 420, 120-B IPC and was in judicial custody. Thereafter, production warrants were obtained from the Court of learned ACJM, Mandi and the accused (applicant), in pursuance of the said production warrants, was produced in the Court on 15th October, 2024, from where, he was remanded to four days’ police custody. 9.6. As per the status report, during investigation, it has been found that the applicant got opened Account No. 097605002605 with ICICI Bank in the name of M/s Veer Sona (OPC) Private Limited. The said company is stated to be dealing with manpower services. Since, the applicant was not getting the business and he was in debt, as such, he started defrauding the persons. On 19th May, 2024 and 20th May, 2024, the statements of account were obtained, according to which, in his bank account, 2,45,00,000/- were found to have been ₹ deposited, including the amount of 20,00,000/-, ₹ deposited by the complainant. The amount, which was 8 2025:HHC:18123 deposited in the bank account of the applicant, has been transferred by him, by making small transactions and through net-banking, to the other accounts. His bank account was found to be linked with SIM No. 9457197592. 9.7. It has also been mentioned in the status report that as per the analysis of the CDR of applicant’s second SIM No. 7534853541, his location prior to, during and after committing forgery, was found to be in Calcutta. As per the CDRs of SIM No. 9457197592, messages with regard to number of transactions were found to have been received. 9.8. It is the further case of the police that on 12th December, 2024, the charge sheet has been filed against the applicant in the Court of learned ACJM, Court No. 1, Mandi and charges have been framed. Out of 12 prosecution witnesses, five are stated to have been examined and the case has been fixed for 9th June, 2025. 9.9. On the basis of the above facts, it has been apprehended that in case, the applicant is ordered to be 9 2025:HHC:18123 released on bail, he may coerce the witnesses and allure them to depose in this favour. Apprehension has also been made that the applicant is resident of Uttar Pradesh and in case of his release on bail, he may not appear before the Court and may again indulge in same activities. 10. On the basis of the above facts, a prayer has been made to dismiss the bail application. 11. Considering the gravity of the offence, according to which, as per the case of the police, in the account of the applicant a huge amount of 2,45,00,000/- was found to be deposited, including the ₹ amount of 20,00,000/-, allegedly deposited by the ₹ complainant, the release of the applicant would give a wrong signal and would encourage other persons to indulge in similar type of activities to become rich overnight. 12. Even otherwise, the case against the applicant is at the advance stage. Out of 12 prosecution 10 2025:HHC:18123 witnesses, five have already been examined and the case has now been fixed for 9th June, 2025. 13. In this case, specific apprehensions have been expressed by the police, which, in the considered opinion of this Court, at this stage, cannot be said to be unfounded. 14. Moreover, while deciding the question of bail, a delicate balance between the individual liberty and larger interest of the society has to be maintained. Merely on the ground that the case is triable by the Court of Judicial Magistrate, the applicant is not ipso facto entitled for the relief of bail, as the question of bail has to be decided, in accordance with the peculiar facts and circumstances of the case and considering the seriousness of the offence, as well as, evidence, so collected by the prosecution. 15. Considering all these facts, the applicant is not able to make out a case for grant of bail, at this stage. Consequently, the bail application is dismissed. 11 2025:HHC:18123 16. Any of the observations, made hereinabove, shall not be taken as an expression of opinion on the merits of the case and the learned trial Court shall decide the matter uninfluenced by any of the observations made hereinabove. ( Virender Singh ) Judge June 06, 2025 ( rajni )