225 IN THE HIGH COURT OF PUNJAB AND HARYANA ANSHUL JAIN STATE OF HARYANA AND ANOTHER CORAM: HON’BLE MR. Present: Mr. for the petitioner. Mr. Vikas Bhardwaj, AAG, Haryana. HARPREET SINGH BRAR 1. The instant petition is preferred under Section seeking anticipatory bail in Sections 420 of IPC (Section 120 Technology Act, 2000 added later Station Gurugram, District Gurugram. 2. On IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ANSHUL JAIN V/S HARYANA AND ANOTHER HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Parvesh Yadav, Advocate for the petitioner. Mr. Vikas Bhardwaj, AAG, Haryana. **** HARPREET SINGH BRAR, J. (ORAL) The instant petition is preferred under Section seeking anticipatory bail in FIR No.145, dated 27.05.2024, registered under Sections 420 of IPC (Section 120-B of IPC and Section 66 of the Information Technology Act, 2000 added later on) at Police Station Cyber Crime, Police Station Gurugram, District Gurugram. On 02.08.2024, following order was passed: “This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No.145, dated 27.05.20 Sections 420 of IPC (Section 120 of the Information Technology Act, 2000 added lateron) at Police Station Cyber Crime, Police Station Gurugram, District Gurugram. As per allegations, after fraudulent transfer money, the petitioner and Vikas Jain provided Rs.1 crore in cash to Sonu who then transferred Rs.90 lakhs to Sushil and Rs.10 lakhs was taken by the petitioner Anshul Jain. Specific allegation against the petitioner is that he IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-36124-2024 Date of decision: 21.04.2025 ...PETITIONER ...RESPONDENTS HARPREET SINGH BRAR Mr. Vikas Bhardwaj, AAG, Haryana. The instant petition is preferred under Section 438 Cr.P.C. FIR No.145, dated 27.05.2024, registered under B of IPC and Section 66 of the Information ce Station Cyber Crime, Police , following order was passed: This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No.145, dated 27.05.2024, registered under Sections 420 of IPC (Section 120-B of IPC and Section 66 of the Information Technology Act, 2000 added lateron) at Police Station Cyber Crime, Police Station Gurugram, As per allegations, after fraudulent transfer of money, the petitioner and Vikas Jain provided Rs.1 crore in cash to Sonu who then transferred Rs.90 lakhs to Sushil and Rs.10 lakhs was taken by the petitioner Anshul Jain. Specific allegation against the petitioner is that he MANISHA 2025.04.21 19:09 I attest to the accuracy and authenticiy of this order/judgment CRM-M-36124 3. Learned State counsel Singh, submits that in compliance of order dated Court, the petitioner has joined the investigation 36124-2024 2 provided UCO Bank’s accoun which, Rs.1 crore fraud amount was transferred. It is argued that the petitioner has been involved on the basis of disclosure statement of co has already been admitted to interim bail by this Cour vide order dated 11.07.2024. Petitioner is ready to join investigation. Notice of motion. Mr. Karan Sharma, DAG, Haryana, accepts notice on behalf of respondent No.1 and seeks some time to file status report. Adjourned to 18.11.2024. In the meantime, petitioner is directed to join investigation as and when called by SHO/Investigating Officer and in the event of his arrest, he shall be released on interim bail on his furnishing bail bonds and surety bonds to the satisfaction of SHO/Investigating Ag subject to the following conditions as envisaged under Section 438 (2) Cr.P.C.:- (i) that the petitioner shall make himself available for interrogation before the investigating officer as and when required; (ii) that the petitioner shall not direct make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) that the petitioner shall not leave the country without prior permission of the Court concerned. Status report be filed by the State before the next date of hearing with an advance copy to the counsel opposite.” Learned State counsel, on instructions from submits that in compliance of order dated Court, the petitioner has joined the investigation provided UCO Bank’s account number to accused Sonu in which, Rs.1 crore fraud amount was transferred. It is argued that the petitioner has been involved on the basis of disclosure statement of co-accused. Vikas Jain, coaccused, has already been admitted to interim bail by this Court vide order dated 11.07.2024. Petitioner is ready to join Notice of motion. Mr. Karan Sharma, DAG, Haryana, accepts notice on behalf of respondent No.1 and seeks some time to file Adjourned to 18.11.2024. ime, petitioner is directed to join investigation as and when called by SHO/Investigating Officer and in the event of his arrest, he shall be released on interim bail on his furnishing bail bonds and surety bonds to the satisfaction of SHO/Investigating Agency, subject to the following conditions as envisaged under - (i) that the petitioner shall make himself available for interrogation before the investigating officer as and when required; (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) that the petitioner shall not leave the country prior permission of the Court concerned. Status report be filed by the State before the next date of hearing with an advance copy to the counsel on instructions from Inspector Varinder submits that in compliance of order dated 02.08.2024 passed by this Court, the petitioner has joined the investigation and is not required for further MANISHA 2025.04.21 19:09 I attest to the accuracy and authenticiy of this order/judgment CRM-M-36124 custodial interrogation. 4. Keeping in view the statement made by learned the order dated 02 terms and conditions enumerated in Section Section 438(2) Cr.P.C.) 5. The petition is accordingly disposed of. 6. Nothing observed hereinabove shall be expression of opinion by this Court lest it may prejudice the trial. The learned trial Court is directed to proceed with the trial on its own merits, strictly in accordance with law. April 21, 2025 manisha (i) (ii) 36124-2024 3 interrogation. Keeping in view the statement made by learned 02.08.2024, is made absolute. The petitioner shall abide by the terms and conditions enumerated in Section 482(2) BNSS, 2023 Section 438(2) Cr.P.C.) The petition is accordingly disposed of. Nothing observed hereinabove shall be expression of opinion by this Court lest it may prejudice the trial. The learned trial Court is directed to proceed with the trial on its own merits, strictly in accordance with law. (HARPREET Whether speaking/reasoned Whether reportable Keeping in view the statement made by learned State Counsel, , is made absolute. The petitioner shall abide by the 482(2) BNSS, 2023 (Erstwhile The petition is accordingly disposed of. Nothing observed hereinabove shall be construed to be an expression of opinion by this Court lest it may prejudice the trial. The learned trial Court is directed to proceed with the trial on its own merits, strictly in HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.04.21 19:09 I attest to the accuracy and authenticiy of this order/judgment