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2025 DAILYLAW 61981 (PNJ)

GAURAV ALIAS GOLU v. STATE OF HARYANA

CRM-M/28955/2025 · 2025-09-09

Sukhvinder Kaur

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 2025:PHHC:123253 235 CRM-M-28955-2025 (O&M) Date of Decision: 09.09.2025. Gaurav @ Golu ...Petitioner. Versus State of Haryana ...Respondent. *** CORAM: HON'BLE MRS. JUSTICE SUKHVINDER KAUR ....... Present: Mr. S.S. Khurana, Advocate and Ms. Jitender Kaur, Advocate for the petitioner. Mr. Pawan Kumar Garg, DAG, Haryana. *** SUKHVINDER KAUR , J. Prayer in the present petition, filed under Section 483 of BNSS, 2023 for grant of Regular bail to the petitioner in FIR No.56 dated 29.10.2024, under Sections 318(4) of BNS (Section 61(2) of BNS added later on) registered at Police Station Cyber Crime, Rewari, District Rewari. Brief facts of this case are that on 29.10.2024, online complaint was submitted by the complainant Nishant Upadhaya and thereafter a written complaint was also submitted in the Police Station Cyber Crime, Rewari to the effect that he is doing job of Maintenance Manager in PMI, Dharuhera and having two bank accounts in HDFC Bank and ICICI Bank, besides having five credit cards and uses his mobile No.8813095414. It was further submitted that the complainant received a telegram link @ anisha741023657jhbumopewrt from mobile No.8057744030 and according to the conversation with the said link, he started investing money on pretext of earning 20% to 50% profit and he invested an amount of Rs.15,78,496/- within a period of 24.10.2024 to 25.10.2025. Therefore, a cyber fraud has KOMAL 2025.09.10 11:11 I attest to the accuracy of this document CRM-M-28955-2025 (O&M) -2- been committed with the complainant. Accordingly, FIR in question was registered against the petitioner and other persons. Learned counsel for petitioner has contended that the petitioner has been falsely implicated in the present case and he has nothing to do with the alleged offence in any manner. Nothing is to be recovered from the petitioner and the petitioner is in custody since 10.02.2025. He has urged that as trial of the case is likely to take time, therefore, the petitioner be granted concession of regular bail. While issuing notice of motion on 29.05.2025, respondent- State was directed to file status report, which was filed on 06.08.2025 in the Court and the same is taken on record. Learned State counsel, while referring to the Status Report, has opposed the bail petition while contending that there are serious allegations against the petitioner that he along with other co-accused run a cyber fraud racket and he does not deserve the concession of bail. I have heard the learned counsel for the parties and have also gone through the case file. As per the allegations, total amount of Rs.4,87,040/- was deposited in the HDFC bank account of the petitioner out of the defrauded money of the complainant and thus the petitioner along with other co- accused was allegedly involved in cyber fraud. The complicity of the petitioner is a matter of trial. No other criminal case was found to be registered against the petitioner. Challan in this case has already been presented before the trial Court. There are total 17 cited prosecution witnesses and the case is presently fixed for consideration on charge. As per the Custody Certificate KOMAL 2025.09.10 11:11 I attest to the accuracy of this document CRM-M-28955-2025 (O&M) -3- placed on record, the petitioner has already undergone custody of 06 months and 29 days. Conclusion of trial is likely to take long time. So, no useful purpose would be served by further detaining the petitioner behind the bars. Accordingly, the present petition is allowed and the petitioner is ordered to be admitted to regular bail, on furnishing adequate bail bonds and surety bonds, to the satisfaction of concerned learned Trial Judge/Chief Judicial Magistrate/Duty Magistrate. However, nothing observed herein above shall be construed to be an expression of opinion on the merits of the case. The observations recorded above are only for the purpose of deciding the present bail petition. Pending application(s), if any, shall also stand disposed of. (SUKHVINDER KAUR) JUDGE 09.09.2025. Komal Whether speaking/reasoned? : Yes/ No Whether reportable? : Yes/ No KOMAL 2025.09.10 11:11 I attest to the accuracy of this document