CRM-M-19794-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 234 (two cases) CRM-M-19794-2025 Date of Decision: 12.05.2025 (1) Vikram ...Petitioner Versus State of U.T. Chandigarh ... Respondent CRM-M-22676-2025 (2) Sahil & Anr. ...Petitioners Versus State of U.T. Chandigarh ... Respondent CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present : Mr. Ashok Kumar Khunger, Advocate for the petitioner in CRM-M-19794-2025. Ms. Jasneet Mehra, Advocate for Ms. Neeru Bansal, Advocate for the petitioner(s) in CRM-M-22676-2025. Mr. Munish Bansal, Public Prosecutor, U.T., Chandigarh. **** N.S.SHEKHAWAT , J. (Oral) 1. This order shall dispose off two bail petitions, i.e., CRM- M-19794-2025 titled as “Vikram Vs. State of UT Chandigarh” and CRM-M-22676-2025 titled as “Sahil and Anr. Vs. State of UT Chandigarh”, whereby, the petitioner(s) have applied for grant of regular bail under Section 483 of the BNSS in case FIR No.0107 dated 27.10.2024 under Sections 319(2), 318(4), 338, 336(3), 340(2), VIPIN KUMAR 2025.05.13 16:38 I attest to the accuracy and integrity of this judgment/order CRM-M-19794-2025 61(2) of BNS, 2023 (Annexure P-1) registered at Police Station Cyber Crime, Chandigarh, District Chandigarh. 2. Learned counsel for the petitioner(s) contend that the FIR was registered against some other persons and the petitioner(s) have been involved only on the basis of the suspicion. Even, it was found that the bank account, which was used for the suspicious transactions was in the name of Sukha Ram and no amount was transferred in the account of the petitioner(s). Even as per the allegations levelled by the prosecution, the petitioner(s) had purchased accounts from various persons and after earning some profit, the accounts were sold further to main accused namely Dev Chugh, Irfan Khan, Shokeen Khan and Surinder. Learned counsel further submit that the said four persons were the main accused, who had cheated the complainant and other victims in the present case. Thus, the case of the petitioner(s) is clearly distinguishable from the case of Dev Chugh, Irfan Khan, Shokeen Khan and Surinder, who were the main accused in the present case. The petitioner(s) were arrested in the present case on 30.01.2025 and challan has already been presented against them. Moreover, they are not in a position to influence the witnesses of the prosecution. 3. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner(s) on the ground that petitioner(s) alongwith other had committed a VIPIN KUMAR 2025.05.13 16:38 I attest to the accuracy and integrity of this judgment/order CRM-M-19794-2025 fraud with innocent persons in the present case and huge amounts were received in the account of Dev Chugh and others and they do not deserve the concession of bail by this Court. He has also filed replies by way of an affidavit of the DSP, Cyber Crime on behalf of the respondent-State in both the cases and the same are taken on record. 4. I have heard learned counsel for the parties and perused the record. 5. In the present case, all the 03 petitioner(s) are in custody for the last more than 03 months and challan has already been presented against them. Even the prosecution has not been able to examine even a single witness so far. Thus, the further custody of the petitioners will not serve any useful purpose. 6. Without commenting on the merits of the case, the present petition is allowed. The petitioner(s) are ordered to be released on bail pending trial on their furnishing bail bonds and surety to the satisfaction of the concerned trial Court/ Duty Magistrate/Chief Judicial Magistrate subject to the following conditions:- (i) The petitioner(s) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them to disclose such facts to the Court or to any other authority. (ii) The petitioner(s) shall remain present before the Court on the dates fixed for hearing of the case. VIPIN KUMAR 2025.05.13 16:38 I attest to the accuracy and integrity of this judgment/order CRM-M-19794-2025 (iii) The petitioner(s) shall not absent themselves from the Court proceedings except on the prior permission of the Court concerned. (iv) The petitioner(s) shall surrender their passport, if any, (if already not surrendered), and in case they are not holder of the same, they shall swear an affidavit to that effect. (v) The petitioner(s) shall also file their affidavit before the concerned Court, mentioning their ordinary place of residence and number of mobile phone, which shall be used by them during the pendency of the trial. In case of change of place of residence/mobile number, they shall share the details with the concerned Court/learned Trial Court. (vi) In case, the petitioner(s) are involved in any other criminal activity, during the pendency of the trial, it shall be viewed seriously and the prosecution shall be at liberty to move an appropriate application for cancellation of bail granted to the present petitioner(s). (vii) The concerned Court may insist on two heavy local sureties and may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioner(s). 7. In case, the petitioners violates any of the conditions mentioned above, it shall be viewed seriously and the concession of bail granted to them shall be liable to be cancelled and the prosecution shall be at liberty to move an application in this regard. 12.05.2025 (N.S.SHEKHAWAT) vipin JUDGE Whether reasoned/speaking : Yes/No Whether reportable : Yes/No VIPIN KUMAR 2025.05.13 16:38 I attest to the accuracy and integrity of this judgment/order