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1 CRM-M-20367-2025 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 207 CRM-M-20367-2025 Date of Decision: July 31, 2025 Rahul Gupta ......Petitioner(s) Vs. State of Haryana ......Respondent(s) CORAM: HON'BLE MS. JUSTICE MANISHA BATRA Present: Mr. Rajat Sheokand, Advocate for the petitioner (s). Ms. Himani Arora, DAG, Haryana. ---- MANISHA BATRA J. (ORAL)
1. The present petition has been filed under Section 482 BNSS by the petitioner for grant of anticipatory bail in case FIR No. 86, dated 22.06.2024, under Sections 420, 467, 468, 471, 120-B IPC, registered at Police Station Cyber Crime Panipat, District Panipat.
2. Vide order dated 06.05.2025 passed by this Court, the petitioner was granted interim bail and was directed to join investigation.
3. Status Report has been filed and is on the record. Learned State counsel, on instructions from the Investigating Officer, has submitted that in compliance of order dated 06.05.2025, the petitioner has joined the investigation on 11.06.2025. However, it is further submitted by learned State counsel that recovery of laptop, sim card and phone, which was used by the petitioner in-connivance with the co-accused has not been effected so far and as SONIA ARORA 2025.08.01 16:47 I agree to specified portions of this document
2 CRM-M-20367-2025 per the disclosure statement suffered by the petitioner, the articles have been destroyed and therefore, it is urged that his custodial interrogation is required for thorough investigation.
4. Non recovery of the articles cannot be considered as ground for denial of bail to the petitioner. In the considered opinion of this Court, the pre trial incarceration of the petitioner is not required. Accordingly, the present petition is allowed and the order dated 06.05.2025, granting interim bail to the petitioner, is made absolute, subject to compliance of the conditions as laid down in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (analogous to Section 438(2) of the Code of Criminal Procedure).
5. It is, however, clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case.
(MANISHA BATRA) JUDGE July 31, 2025 sonia arora Whether speaking/reasoned: Yes / No Whether reportable: Yes / No SONIA ARORA 2025.08.01 16:47 I agree to specified portions of this document