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2025 DAILYLAW 5855 (PNJ)

NIKHIL KUMAR @ NIKHIL KUMAR SINGH v. STATE OF PUNJAB

CRM-M/61283/2025 · 2026-03-10

Manisha Batra

body2025

Judgment text

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CRM-M-61283- IN THE H (141) NIKHIL KUMAR STATE OF PUNJ CORAM: HON Present: Mr. Ms. S MANISHA BATR 1. The Section 483 of Bh for grant of regul registered under S “BNS”) and Secti Nagar, Mohali. 2. As p information, a Pol Floor, Coin Home Ajay, Harsh Kuma -2025 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH  UMAR @ NIKHIL KUMAR SINGH Versus PUNJAB HON'BLE MRS. JUSTICE MANIS Ashutosh Gupta, Advocate for th Ms. Sakshi Bakshi, AAG, Punjab ****  BATRA, J. (ORAL) The instant petition has been prefe of Bharatiya Nagarik Suraksha Sanh regular bail in case arising out of F nder Section 318(4) of Bharatiya Ny Section 66 of IT Act at Police Statio As per the allegations, on 17.07.2 , a Police party headed by SI Ankit re Homes, Gilco Valley, Kharar and ap Kumar, Ritesh Manjhi and Pankaj G JAB AND HARYANA AT ARH CRM-M-61283-2025 (O&M) Date of decision : 10.03.2026 INGH ... Petitioner ...Respondent ANISHA BATRA  for the petitioner preferred by the petitioner under a Sanhita, 2023 (for short “BNSS”) t of FIR No.0035 dated 17.07.2025 iya Nyaya Sanhita, 2023 (for short Station Cyber Crime, District SAS 7.07.2025, on receipt of a secret nkit reached at Flat No.2548-B, First and apprehended 04 youths namely kaj Goswami. They disclosed their M) 2026 oner dent nder ) 2025 short SAS ecret First mely their AMIT SHARMA 2026.03.11 10:17 I attest to the accuracy and integrity of this order/judgment. CRM-M-61283- names and particu also raided in purs Vaibhav Kumar, present petitioner and the co-accuse to allure innocent more money and b AllPanel app and cards, 07 mobile p at the instance o accused also. Inve 3. It is a falsely implicated is in custody since will take consider Magistrate. No u anymore. It is, th bail. 4. Per c report has argued Recovery of huge effected at his ins sent for forensic a -2025 (O&M) 2 particulars. Thereafter, another flat N in pursuance of the secret information umar, Gurpreet Singh, Manjeet Sing tioner were apprehended from the sam ccused disclosed that they had been u nocent persons through internet by o y and by misleading them into online p and had been committing online obile phones of different make alongw nce of the petitioner. Recoveries w . Investigation now stands concluded It is argued by learned counsel for t icated in this case. A false recovery h y since long. He is not required for f nsiderable time to conclude. The s No useful purpose would be served t is, therefore, argued that he deserve Per contra, learned State counsel w argued that there are serious alleg f huge quantity of ATM cards, cell ph instance. The electronic devices r ensic analysis. The recovery as such r flat No.006, Royal Apartment was mation and 04 more persons namely t Singh and Nikhil Kumar i.e. the the same. On asking, the petitioner been using their laptops, cellphones t by offering temptation of earning online games. They had been using frauds. Recovery of 13 ATM longwith 70 SIM cards was effected eries were effected from the other luded. l for the petitioner that he has been very has been planted upon him. He d for further investigation. The trial The subject offences are triable by served by detaining him in custody serves to be extended the benefit of nsel while relying upon the status allegations against the petitioner. cell phones and SIM cards has been vices recovered from him have been such pointed out that the petitioner was mely . the ioner ones rning sing TM ected other been He trial e by tody fit of tatus oner. been been ioner AMIT SHARMA 2026.03.11 10:17 I attest to the accuracy and integrity of this order/judgment. CRM-M-61283- was part of an o absconding or com therefore, argued t 5. This C for the parties at co 7. The p using different AT ATM cards, SIM petitioner. Howev recovered cell ph petitioner for comm still awaited. Inve been framed so f considerable time case for commissi he is in continued would be served b consideration the case, this Court is the petitioner wou of law that pre sentencing. As s Accordingly, the p -2025 (O&M) 3 f an organized financial fraud. The or committing similar offences, if ex gued that the petition does not deserve This Court has heard the rival submis at considerable length. The petitioner is alleged to have been ent ATM cards, SIM cards and mobile , SIM cards and mobile phones h owever, at this stage, there is no mate ell phones, SIM cards and ATM c r committing any cyber crime or digita . Investigation stands concluded. Ho d so far and, therefore, it is appare e time to conclude. Though the allega mission of aforementioned offences a tinued incarceration since 17.07.2025 d by detaining the petitioner in c n the above discussed facts and the urt is of the considered opinion that fu r would not serve any useful purpose pre-trial incarceration should not b As such the petitioner has made o , the petition is allowed and the petiti There are chances of petitioner , if extended benefit of bail. It is, eserve to be allowed. ubmissions made by learned counsel e been committing online frauds by mobile phones. Recoveries of some nes have been effected from the o material on record to show that the TM cards have been used by the r digital fraud. The forensic report is d. However, even charges have not apparent that the trial would take allegations, prima facie make out a nces against the petitioner, however, .2025. As such no fruitful purpose in custody anymore. Taking into d the circumstances peculiar to the that further pre-trial incarceration of urpose. It is well settled proposition not be replica of post-conviction ade out a case for release on bail. titioner is ordered to be released ioner It is, unsel s by some the t the the ort is e not ke out a ever, pose into o the on of ition ction ail. ased AMIT SHARMA 2026.03.11 10:17 I attest to the accuracy and integrity of this order/judgment. CRM-M-61283- on bail subject to 02 sureties of Court/CJM/Duty M (i) ind fac ma (ii) circ (iii of h (iv) wel of info (v) PA the cas sha and (vi) con -2025 (O&M) 4 to his furnishing personal as well a of each like amount to the Duty Magistrate concerned and on the (i) The petitioner shall not d inducement, threat or promise to a facts of the case or tamper with th manner whatsoever. (ii) The petitioner shall not circumstance without permission of (iii) The petitioner shall appe of hearing. (iv) The petitioner shall prov well as present address before the of furnishing of bonds and shall informing the trial Court. (v) The petitioner shall also PAN Card if any and details of the learned trial Court at the time case, any change in his mobile phon shall inform about the same to the and shall keep his mobile phone sw (vi) The petitioner shall ap concerned Police Station wherein well as surety bonds to the extent of the satisfaction of learned trial on the following conditions:- ll not directly or indirectly make any se to any person acquainted with the with the evidence of the case in any all not leave the country under any sion of the learned trial Court. ll appear before each and every date ll provide his permanent address as re the learned trial Court at the time shall not change the same without ll also give copy of his Aadhar Card, s of his mobile phone number(s) to time of furnishing of bonds and in le phone number takes place, then he to the learned trial Court in advance one switched on all times. all appear before the SHO of the herein he is facing trial on the first nt of trial any h the any any date ss as time thout ard, s) to nd in he ance f the first AMIT SHARMA 2026.03.11 10:17 I attest to the accuracy and integrity of this order/judgment. CRM-M-61283- Mo The imm the pet (v the 8. It is, be construed as an and shall not influ 9. Since any, is rendered in 10.03.2026 Amit Sharma -2025 (O&M) 5 Monday of every alternate month The concerned SHO in case of any immediately inform the learned Tr the petitioner who shall be at lib petitioner after granting opportunity (vii) The petitioner shall dep the learned trial Court. It is, however, clarified that the obse d as an expression of opinion of this C t influence the outcome of the trial in a Since the main petition has been al ered infructuous. (MA Whether speaking/reasoned:- Yes    onth and shall record his presence. of any default by the petitioner shall ned Trial Court about the absence of at liberty to cancel the bail of the rtunity of being heard. ll deposit his passport, if any, with e observations made above shall not this Court on the merits of the case ial in any manner.  allowed pending application, if (MANISHA BATRA) JUDGE Yes/No  ence. shall ce of f the with l not case n, if AMIT SHARMA 2026.03.11 10:17 I attest to the accuracy and integrity of this order/judgment.