CRM-M-31911-2025(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-31911-2025(O&M) Date of decision: 17.06.2025 Radhay Shyam … Petitioner Versus State of Haryana … Respondent CORAM: HON’BLE MR. JUSTICE PANKAJ JAIN Present: Mr. Anmol Jindal, Advocate, for the petitioner. Ms. Aditi Girdhar, AAG, Haryana. *** PANKAJ JAIN, J. (ORAL) Status report by way of an affidavit of Assistant Commissioner of Police, Cyber Crime, Gurugram, has been filed on behalf of the respondent, which is taken on record. Copy thereof has been supplied to the learned counsel for the petitioner. 2. The petitioner seeks pre-arrest bail in FIR No.217, dated 29.10.2024, registered under Section 318(4) BNS and Section 661 IT Act, at Police Station Cyber Manesar, Gurugram. As per he allegations levelled in the FIR, it has been alleged as under: “I, Ravinder Kumar S/o Shri Mehtab Singh, is resident of, Permanent Address Village -Bakhtawar Pura, Tehsil Siwani Mandi, Police Station Siwani Mandi, District Bhiwani, Present Address Amalgamations Valeo Clutch Pvt. Ltd. Sec-78, Gurugram. On date 18.04.2004 I got a WhatsApp call from Mobile No.9038444083, They told that they are in business of Online Trading and Investment. Whatever amount you will invest, that will become double. I became greedy and at their instance I was associated with WhatsApp group named as Super King Team. After that on 03.05.2024 they have joined me with Millpencil Stock Trading App. After that at their instance I have talked with them at their Toll Free No. 1 (202) 294.5046 through RAJAN KUMAR 2025.06.17 15:35 I am approving this document CRM-M-31911-2025(O&M) 2 WhatsApp and as told by them transferred the amount as per Bank account numbers provided by them, as following:- Date Account No. IFSC Code Name of Bank Amount 03.05.2024 259980039636 INDB 0001969 Indsuiand Bank 25000 03.05.2024 259980039636 INDB 0001969 Indsuiand Bank 25000 06.05.2024 4751021 00000356 PUNB 0047510 PNB 10000 06.05.2024 4751021 00000356 PUNB 0047510 PNB 141000 After that on date 15.05.2024 I have withdrawn 40073 from Millpencil Stock App, after that on date 16.05.2024 I have deposited ₹50000 in Account No.90205500201 IFSC Code ICIC0000902. After that on date 14.05.2024 in Account No.108805004228 depositec two ₹ ₹ IFSC Code ICIC0001088 times 25000- 25000. That at Millpencal ₹ app I have checked my score, then my score has become 4588628.58 and when I attempted to withdraw the amount then my amount could not be withdrawn. They asked to pay 15% Tax. Then on date 02.07.2024 as provided by them account, once I have deposited ₹ ₹ 200000 and second time 443144.28 in Kotak Mahindra Bank Account No.8949177142. After that, when I attempted to withdraw amount from Millipunal App, then my amount could not be withdrawn and they demanded to deposit more amount. Then I came to know all these are forgery. They have committed cheating of me ₹ and defrauded amount of 854103.28. The legal action be initiated against them.” 3. The allegations point out towards Cyber-crime. Cyber-crimes primarily and usually are faceless crimes. The investigations cannot be belayed at the nascent stage merely for the reason that the petitioner’s name does not figure in the FIR. It has come on record that the account misused for commission of offence is involved in six different Cyber-crimes throughout India and has been reported on the MHA portal. Specific role of RAJAN KUMAR 2025.06.17 15:35 I am approving this document CRM-M-31911-2025(O&M) 3 the petitioner has unearthed during investigation. The same has been culled out in status report as under: “9. That as far as the role of the petitioner is concerned, it is submitted that the petitioner is the principal conspirator and facilitator of the bank account fraud scheme. He instructed the co-accused Vikas to open a current bank account in the name of "RADHE RADHE DAIRY FARMER" at Punjab National Bank, Amarheri branch, Jind, under the pretext of providing him with good money to meet his financial needs. The petitioner obtained complete control over the fraudulent account by securing the ATM kit, passbook and all associated documents and information from co-accused Vikas for a consideration of Rs.5,000/-, thereafter he had utilized the said account for conducting large-value fraudulent transactions which ultimately led to the account being blocked by the bank.” 4. In view thereof, this Court finds that considering the gravity of allegations as well as the seminal connection attributed to the petitioner, and in view of the ratio of law laid down by the Supreme Court in the cases of Gurbaksh Singh Sibbia v. State of Punjab, 1980(2) SCC 565, and Sushila Aggarwal and others v. State (NCT of Delhi) and another, 2020(5) SCC, 1, the extraordinary discretionary relief of pre-arrest bail cannot be extended to the petitioner. Finding no merit in the present petition, the same is ordered to be dismissed. 5. Ordered accordingly. ( Pankaj Jain ) Judge 17.06.2025 Rajan Whether speaking / reasoned: YES/NO Whether Reportable: YES/NO RAJAN KUMAR 2025.06.17 15:35 I am approving this document