CRM-M-45940-2025 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (234 + 286) Date of decision: 27.08.2025 (1) CRM-M-45940-2025 (O & M) Neeraj Kumar .... Petitioner V/s State of Haryana ...Respondent (2) CRM-M-45684-2025 (O & M) Mohd. Saif .... Petitioner V/s State of Haryana ...Respondent CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Rakesh Kumar Lathwal, Advocate, (in CRM-M-45940) Mr. Baljeet Beniwal, Advocate (in CRM-M-45684) for the petitioners. Mr. Vipul Sherwal, AAG, Haryana. ***** JASJIT SINGH BEDI, J. (Oral) This order shall dispose of two criminal miscellaneous petitions i.e. CRM-M-45940-2025 and CRM-M-45684-2025 as they arise out of the same FIR. 2. The petitioners, namely, Neeraj Kumar (in CRM-M-45940- 2025) and Mohd. Saif (in CRM-M-45684-2025) seek the grant of regular bail under Section 483 of BNSS in case bearing FIR No.101 dated 12.11.2024 under Section 318(4) of BNS, 2023 and Section 66-D of SUKHPREET KAUR 2025.08.27 22:39 I attest to the accuracy and integrity of this document chandigarh CRM-M-45940-2025 ::2:: Information Technology Act, 2000 and Sections 35, 36 of the Haryana Parivar Pehchan Act, 2021 (Sections 316(5), 319, 238(C), 61 of BNS, 2023 and Section 65 of Information Technology Act, 2000 and Sections 7, 13(1) (a), 13(1) (b) of the Prevention of Corruption Act, 1988 added later on) registered at Police Station Cyber Crime Jhajjar, District Jhajjar (Haryana). 3. For the sake of convenience, the facts are being taken from the petition bearing No. CRM-M-45940-2025. 4. The brief facts of the prosecution case are that the complainant, namely, Yogesh Kumar (since granted bail vide a common order dated 13.08.2025 passed in CRM-M-43199-2025), who is now the accused in the case, was the Information Manager, District Civil Resources Department, Jhajjar. It was informed by him to the police that for change in family ID due to divorce, the applicant was required to apply on the portal and upon receipt of any such application, verification about the requisite documents is conducted and thereafter, the application is either accepted or the same is rejected. On dated 03.11.2024, while working in the login, he came to know that by hacking the related portal and misusing in an illegal manner that portal by unknown persons, the application for change of family ID have wrongly been accepted by issuing new family IDs. After checking on the portal, applications about 12 in number relating to change in Family Identity Cards, were found on the portal. Information in this regard was given to Additional Deputy Commissioner, Jhajjar and CRID Headquarter through E- mail on 04.11.2024. Thereafter, on dated 08.11.2024, Additional Deputy SUKHPREET KAUR 2025.08.27 22:39 I attest to the accuracy and integrity of this document chandigarh CRM-M-45940-2025 ::3:: Commissioner, Jhajjar directed SHO, Cyber Crime, Jhajjar to register an FIR. On registration of FIR, it was revealed that the accused were indulging in making illegal, unlawful and unwarranted changes in the family IDs and without discharging their duties of verification of the requisite documents. Finding the complicity of the accused Yogesh and Geeta (since granted bail vide order dated 05.08.2025, Annexure P-2), they were arrested in the case, which initially was registered for offences under Section 416(5), 318(4), 61 of BNS & 66 of IT Act as well Section 35 & 36 of HPP Act. During investigation, the offences under Section 7, 13(1)(a) & 13(1)(b) of Prevention of Corruption Act, were found to be attracted and were added accordingly. 5. The learned counsels for the petitioners contend that similarly situated co-accused of the petitioners, namely, Vikash, Sikander, Geeta Rani, Yogesh Kumar and Amit Kumar have been granted the concession of bail vide orders dated 23.07.2025, 05.08.2025 and 13.08.2025 (Annexures P-1 to P-3) respectively. As the petitioners are in custody since 06.03.2025 but none of the 29 prosecution witnesses have been examined so far, the Trial of the present cases is not likely to be concluded anytime soon and therefore, they are entitled to the concession of bail. 6. The learned counsel for the State, on the other hand, contends that the investigation has revealed the complicity of the petitioners and their co-accused. Therefore, they are not entitled to the concession of bail. He, however, concedes that the petitioners are in custody since 06.03.2025 but SUKHPREET KAUR 2025.08.27 22:39 I attest to the accuracy and integrity of this document chandigarh CRM-M-45940-2025 ::4:: none of the 29 prosecution witnesses have been examined so far and that five co-accused have been granted the concession of bail. 7. I have heard the learned counsel for the parties. 8. The veracity of the prosecution case against the petitioners and their co-accused shall be adjudicated upon during the course of the Trial. Admittedly, the petitioners are in custody since 06.03.2025 but none of the 29 prosecution witnesses has been examined so far. Therefore, the Trial in the present case is not likely to be concluded anytime soon. In this situation, the further incarceration of the petitioners is not required, moreso, when five co-accused have been granted the similar relief. 9. Thus, without commenting on the merits of the case, the present petitions are allowed and the petitioners, namely, Neeraj Kumar (in CRM- M-45940-2025) and Mohd. Saif (in CRM-M-45684-2025) are ordered to be released on bail subject to their furnishing bail bonds and surety bonds each to the satisfaction of learned CJM/Duty Magistrate, concerned. 10. In addition, the petitioners (or anyone on their behalf) shall prepare an FDR in the sum of Rs.50,000/- each and deposit the same with the Trial Court. The same would be liable to be forfeited as per law in case of the absence of the petitioners from trial without sufficient cause. 11. These petitions stand disposed of. 12. The pending application(s), if any, shall stand disposed of accordingly. SUKHPREET KAUR 2025.08.27 22:39 I attest to the accuracy and integrity of this document chandigarh CRM-M-45940-2025 ::5:: 13. A copy of this order be placed on the files of the connected petition bearing No. CRM-M-45684-2025 tiled as ‘Mohd. Saif versus State of Haryana’. ( JASJIT SINGH BEDI) August 27, 2025 JUDGE sukhpreet Whether speaking/reasoned Yes/No Whether reportable Yes/No SUKHPREET KAUR 2025.08.27 22:39 I attest to the accuracy and integrity of this document chandigarh