CRM-M-48856 of 2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 226 CRM-M-48856 of 2025 Date of Decision: 08.09.2025 Waseem ....Petitioner Versus State of Haryana ....Respondent CORAM: HON’BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: Mr. Farukh Addullah, Advocate for the petitioner. Mr. Mohit Chaudhary, AAG, Haryana. ***** RUPINDERJIT CHAHAL, J (ORAL) 1. Prayer in the instant petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is for grant of regular bail to the petitioner in case FIR No.77 dated 13.05.2025 registered under Sections 318(4), 319, 338, 336(3), 340 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Cyber Crime, District Nuh. 2. Brief facts of the present case are that as per the prosecution, the petitioner had committed cyber fraud and duped the innocent persons. 3. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He further contends that neither the petitioner is involved in any cyber crime nor any amount has recovered from him. The petitioner is in custody since 13.05.2025. The investigation in this case is complete and challan also stands presented. He DINESH BANSAL 2025.09.08 18:16 I attest to the accuracy and integrity of this document Chandigarh CRM-M-48856 of 2025 -2- further submits that the trial will take a long time to conclude and no useful purpose would be served by keeping him behind the bars. Therefore, it is urged that the petition deserves to be allowed. 4. Notice of motion. 5. Learned State counsel, who has appeared on advance notice of the petition, filed the custody certificate of the petitioner, which is taken on record. He has vehemently opposed the prayer for bail by submitting that the offence committed by the petitioner is serious in nature. He has further submitted that the mobile number involved in the cyber crime was recovered from the possession of the petitioner which includes the mobile phone as well as SIM Card proving the involvement of the petitioner in the crime. However, he has not controverted the fact that the petitioner is first time offender as he is not involved in any other case. 6. This Court is sanguine of the fact that according to the proposition settled by the Apex Court in Dataram Singh vs. State of Uttar Pradesh & Anr. 2018(2) R.C.R. (Criminal) 131, that keeping somebody behind the bars, till his guilt is proved, for an indefinite period amounts to infringement of his right to life and liberty, as enshrined under Article 21 of Constitution of India and is against the principle “bail is a rule” and “jail is an exception”. 7. Having heard learned counsel for the parties at length and after perusing the record of the case, it is evident that the petitioner is in custody for the last more than 03 months; investigation is complete; challan stands presented; charges have also been framed, and the trial may take a long time to conclude, no useful purpose would be served by detaining him in further DINESH BANSAL 2025.09.08 18:16 I attest to the accuracy and integrity of this document Chandigarh CRM-M-48856 of 2025 -3- custody. Keeping the petitioner in further detention without the prospect of the trial being concluded in the near future would be violative of his rights under Article 21 of the Constitution of India. 8. In view of the above, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/CJM concerned. It is clarified that nothing stated herein shall be construed as an expression of opinion on the merits of the case. (RUPINDERJIT CHAHAL) 08.09.2025 JUDGE D.Bansal Whether speaking/reasoned : Yes/No Whether reportable : Yes/No DINESH BANSAL 2025.09.08 18:16 I attest to the accuracy and integrity of this document Chandigarh