CRM-M-51747-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-51747-2024 Reserved on: 13.02.2025 Pronounced on: 17.02.2025 Naved Ali ...Peoner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Namit Khurana, Advocate, for the peoner. Mr. Naveen Kumar Sheoran, DAG Haryana. **** ANOOP CHITKARA, J. FIR No. Dated Police Sta0on Sec0ons 24 18.11.2023 Cyber Crime Kurukshetra, Dis.. Kurukshetra 420, 406 IPC and 66 of IT Act 1. The peoner incarcerated in the FIR caponed above had come up before this Court under Secon 483 of Bharaya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail. 2. In paragraph 15 of the bail peon and as per para 9-a of the status report, the accused has the following criminal antecedents: Sr. No. FIR No. Dated Offenses Police Sta0on 1. 25 16.05.2024 406, 420 IPC Cyber Crime, Kurukshetra, Dis.. Kurukshetra 3. The facts and allegaons are being taken from the status report filed by the State, which reads as follows: “2. That the present case has been registered on the statement of Satnam Singh son of Balkar Singh resident of Village Tyora, Tehsil Shahabad, District Kurukshetra and contents of the same are reproduced as under for kind perusal of this Hon'ble Court. "It is stated that I am resident of above said address and I had received a link on telegram, who got me joined a telegram channel or group, where Rs.50/- had to be received for watching a video and a-er watching three videos Rs.150/- used to be received in the account and then a-er that a welfare task used to be received, in which 2 to 4 tasks had to be made. For doing this, separately a telegram channel or group had to be joined and I 1 JYOTI 2025.02.17 15:22 I attest to the accuracy and integrity of this order/judgment. CRM-M-51747-2024 joined the task, that used to be started from Rs.5000/-, wherein I staked Rs.5000/-. I had got the same deposited in Account no.972600210xxxxxx and IFSC CODE PUNB0972600 and a-er comple;ng that task, Rs.7500/- became in my wallet. A-er that the Admin told that for next task, stake Rs.30,000/-. Then I got deposited Rs.30,000/- in the said account number and a-er comple;ng that it and ask, Rs.52500/- became in my wallet. Then Admin stated that for doing next task, stake Rs.90,000/-, then I also got deposited Rs.90,000/- in the said account and now a-er comple;ng that task, there should have been Rs.2,25,000/- in my wallet but there remained only Rs.2500/-. Then I said how it happened, then the Admin started saying that your task has been failed. If you stake Rs.3,00,000/-, the loss suffered by you will be fulfilled and a-er that you will have to do one more task. Then I in order to fulfill my loss, came into his smooth talk and I staked Rs.3,00,000/- which was deposited by me in Account No.012763300xxxxxx IFSC Code YESB000127, at police sta;on from the aforesaid complaint No.153-X Das; dated 18.11.2023 received in the police post by post from the office of Superintendent of Police, Kurukshetra. 3. That on the basis of above said complaint, the present FIR no.24 dated 18.11.2023, under Sec;ons 406, 420 IPC, in Police Sta;on Cyber Crime, Kurukshetra was registered and in;ma;on regarding registra;on of the present case also sent to the higher authori;es.” 4. The peoner's counsel prays for bail by imposing any stringent condions and contends that further pre-trial incarceraon would cause an irreversible injusce to the peoner and his family. 5. The State’s counsel opposes bail and refers to the status report. 6. It would be appropriate to refer to the following porons of the reply, which read as follows: “5. Therea-er, during inves;ga;on of the present case, it has come out that the pe;;oner/ accused along with co-accused of the present case has collected an amount of Rs.10,25,000/- in his firms account by commiDng online fraud and Sec;on 66D 1.T. Act was added in the present case. 6. That, a-er comple;on of inves;ga;on of the present case, challan under Sec;ons 406, 420, 201 IPC and 66-D 1.T. Act was submiEed before the learned Trial Court on 29.05.2024 and learned Trial Court framed charge under Sec;ons 406, 420, 201 IPC and 66-D I.T. Act against the 2 JYOTI 2025.02.17 15:22 I attest to the accuracy and integrity of this order/judgment. CRM-M-51747-2024 pe;;oner/accused on 14.08.2024. Now maEer is pending before the learned trial Court and same is fixed on 18.12.2024 for prosecu;on evidence. Total witnesses in the present case are 13 and out of them, only 01 witness has been examined before the learned Trial Court. 7. That the arrest of one more accused, namely, Afser son of Sherjaan is s;ll pending and material witnesses are yet to be examined in the present case, hence pe;;on of the pe;;oner/ accused is liable to be dismissed with direc;on to face trial before the learned Trial Court. 8. That, the Cyber crime is on increase these days and people like accused/ pe;;oner loot lacs of hard earnest money by showing silver screen to the innocent vic;ms, who fell to their trap. The pe;;oner/ accused has no source of regular income but such a he-y amount of Rs.2,81,55,000/- has been transacted to his account, hence pe;;oner/ accused has commiEed crime of serious nature and now has filed the present pe;;on before this Hon'ble Court on false grounds and same is liable to be dismissed.” REASONING: 7. There is sufficient primafacie evidence connecng the peoner with the alleged crime. However, pre-trial incarceraon should not be a replica of post-convicon sentencing. As per paragraph 10 of the bail peon, the peoner has been in custody since 08.04.2024. As per the same, the peoner’s total custody in this FIR is around ten months. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegaons, and the other factors peculiar to this case, there would be no jusfiability for further pre-trial incarceraon at this stage. 8. Without commenng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons menoned above, the peoner makes a case for bail. 9. Given above, provided the peoner is not required in any other case, the peoner shall be released on bail in the FIR caponed above subject to furnishing bonds to the sasfacon of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepng the surety, the concerned Court must be sasfied that if the accused fails to appear, such surety can produce the accused. 10. While furnishing a personal bond, the peoner shall menon the following personal idenficaon details: 3 JYOTI 2025.02.17 15:22 I attest to the accuracy and integrity of this order/judgment. CRM-M-51747-2024 1. AADHAR number 2. Passport number (If available) and when the a.esng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 11. This order is subject to the peoner’s complying with the following terms. 12. The peoner shall abide by all statutory bond condions and appear before the concerned Court(s) on all dates. The peoner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court. 13. This bail is condional, and the foundaonal condion is that if the peoner indulges in any non-bailable offense, the State may file an applicaon for cancellaon of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 14. The concerned trial court is authorized to delete, modify, or relax any of the above condions and shall be competent to do so in accordance with the law. 15. Any observaon made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 16. A cerfied copy of this order would not be needed for furnishing bonds, and any Advocate for the Peoner can download this order along with case status from the official web page of this Court and a.est it to be a true copy. If the a.esng officer wants to verify its authencity, such an officer can also verify its authencity and may download and use the downloaded copy for a.esng bonds. 17. Pe00on allowed in terms menoned above. All pending applicaons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 17.02.2025 Jyo0-II Whether speaking/reasoned: Yes Whether reportable: No. 4 JYOTI 2025.02.17 15:22 I attest to the accuracy and integrity of this order/judgment.