CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA AT 108 Tabssum State of Haryana Date of decision: Date of Uploading : 20.04.2026 CORAM: Present: SUMEET GOEL 1. seeking grant of anticipatory/pre 2023 in FIR No. under Sections 120-B IPC 1860) of District Gurugram. 2. of a complaint submitted by one Bal Kishan on 13.09.2025 alleging large scale financial fraud involving misuse of a digital payment platform operated by MobiKwik. It has been alleged that ce merchants, in connivance with unknown persons, exploited technical loopholes in the system to fraudulently transfer funds exceeding the -12385-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Tabssum V/s State of Haryana Date of decision: 20.04.2026 Date of Uploading : 20.04.2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Mr. Farukh Abdullah, Advocate for the petitioner. Mr. Gurmeet Singh, AAG Haryana. Mr. Sumit Roy, Advocate and Mr. N. Phukan, Advocate for the complainant (through Video conference). ***** SUMEET GOEL, J. (Oral) Present petition has been filed on behalf of the petitioner seeking grant of anticipatory/pre-arrest bail under Section 482 of BNSS, 2023 in FIR No.183 dated 13.09.2025 registered for offences punishable under Sections 314, 318(4) and 305(a), 61(2) later on added (403, 420, 380, B IPC 1860) of BNS, 2023 at Police Station District Gurugram. As per the prosecution case, the FIR was registered on the basis of a complaint submitted by one Bal Kishan on 13.09.2025 alleging large scale financial fraud involving misuse of a digital payment platform operated by MobiKwik. It has been alleged that ce merchants, in connivance with unknown persons, exploited technical loopholes in the system to fraudulently transfer funds exceeding the 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-12385-2026 ....Petitioner ....Respondent HON’BLE MR. JUSTICE SUMEET GOEL Mr. Farukh Abdullah, Advocate for the petitioner. Mr. Gurmeet Singh, AAG Haryana. Mr. Sumit Roy, Advocate and Mr. N. Phukan, Advocate for the complainant . Present petition has been filed on behalf of the petitioner arrest bail under Section 482 of BNSS, registered for offences punishable , 61(2) later on added (403, 420, 380, BNS, 2023 at Police Station Sector 53 Gurugram, As per the prosecution case, the FIR was registered on the basis of a complaint submitted by one Bal Kishan on 13.09.2025 alleging large scale financial fraud involving misuse of a digital payment platform operated by MobiKwik. It has been alleged that certain registered merchants, in connivance with unknown persons, exploited technical loopholes in the system to fraudulently transfer funds exceeding the Present petition has been filed on behalf of the petitioner arrest bail under Section 482 of BNSS, registered for offences punishable , 61(2) later on added (403, 420, 380, Sector 53 Gurugram, As per the prosecution case, the FIR was registered on the basis of a complaint submitted by one Bal Kishan on 13.09.2025 alleging large- scale financial fraud involving misuse of a digital payment platform rtain registered merchants, in connivance with unknown persons, exploited technical loopholes in the system to fraudulently transfer funds exceeding the AJAY KUMAR 2026.04.20 16:26 I attest to the accuracy and integrity of this document CRM-M- available wallet balance into their respective bank using QR based and UPI transactions. During intern complainant company detected loss allegedly amounting to approximately Rs.40,22,32,210/ further increase upon investigation. The aforesaid acts were sta constitute offences of cheating, criminal breach of trust, misappropriation and conspiracy. registered. 3. petitioner has be direct or indirect involvement in the alleged commission of offence(s). Learned counsel has further iterated FIR, are vague, general in nature and do not to the petitioner. It has been further contended that the entire case of the prosecution is based on a presumption i.e. ‘technical loophole’ in the digital payment system of the complainant company and not on any intentio fraudulent act committed by the petitioner. the alleged transactions has occurred due to system failure or technical glitch and hence the essential ingredients of offences such as cheating, misappropriation or criminal counsel has emphasized that the FIR itself suffers from delay inasmuch as the alleged incident came to light on 12.09.2025 whereas the FIR has been registered on 13.09.2025 which casts serious doubts on the genui the prosecution story. allegations without attributing any specific role to the petitioner. further submitted that the investigation in the present case is already -12385-2026 available wallet balance into their respective bank using QR based and UPI transactions. During internal reconciliation conducted on 12.09.2025, the complainant company detected suspicious transactions resulting in wrongful loss allegedly amounting to approximately Rs.40,22,32,210/ further increase upon investigation. The aforesaid acts were sta constitute offences of cheating, criminal breach of trust, misappropriation and conspiracy. Based on these set of allegations, the instant FIR came to be registered. Learned counsel for the petitioner has iterated that the petitioner has been falsely implicated into the FIR in question direct or indirect involvement in the alleged commission of offence(s). counsel has further iterated that FIR, are vague, general in nature and do not to the petitioner. It has been further contended that the entire case of the prosecution is based on a presumption i.e. ‘technical loophole’ in the digital payment system of the complainant company and not on any intentio fraudulent act committed by the petitioner. the alleged transactions has occurred due to system failure or technical glitch and hence the essential ingredients of offences such as cheating, misappropriation or criminal breach of trust are not made out. counsel has emphasized that the FIR itself suffers from delay inasmuch as the alleged incident came to light on 12.09.2025 whereas the FIR has been registered on 13.09.2025 which casts serious doubts on the genui the prosecution story. The FIR contains vague, bald and unsubstantiated allegations without attributing any specific role to the petitioner. further submitted that the investigation in the present case is already 2 available wallet balance into their respective bank using QR based and UPI al reconciliation conducted on 12.09.2025, the suspicious transactions resulting in wrongful loss allegedly amounting to approximately Rs.40,22,32,210/- which may further increase upon investigation. The aforesaid acts were stated to constitute offences of cheating, criminal breach of trust, misappropriation Based on these set of allegations, the instant FIR came to be Learned counsel for the petitioner has iterated that the into the FIR in question as she has no direct or indirect involvement in the alleged commission of offence(s). that the allegations, as levelled in the FIR, are vague, general in nature and do not attribute any specific overt act to the petitioner. It has been further contended that the entire case of the prosecution is based on a presumption i.e. ‘technical loophole’ in the digital payment system of the complainant company and not on any intentional or fraudulent act committed by the petitioner. According to learned counsel, the alleged transactions has occurred due to system failure or technical glitch and hence the essential ingredients of offences such as cheating, breach of trust are not made out. Learned counsel has emphasized that the FIR itself suffers from delay inasmuch as the alleged incident came to light on 12.09.2025 whereas the FIR has been registered on 13.09.2025 which casts serious doubts on the genuineness of The FIR contains vague, bald and unsubstantiated allegations without attributing any specific role to the petitioner. It has been further submitted that the investigation in the present case is already available wallet balance into their respective bank using QR based and UPI al reconciliation conducted on 12.09.2025, the suspicious transactions resulting in wrongful which may ted to constitute offences of cheating, criminal breach of trust, misappropriation Based on these set of allegations, the instant FIR came to be Learned counsel for the petitioner has iterated that the as she has no direct or indirect involvement in the alleged commission of offence(s). the allegations, as levelled in the attribute any specific overt act to the petitioner. It has been further contended that the entire case of the prosecution is based on a presumption i.e. ‘technical loophole’ in the digital nal or According to learned counsel, the alleged transactions has occurred due to system failure or technical glitch and hence the essential ingredients of offences such as cheating, Learned counsel has emphasized that the FIR itself suffers from delay inasmuch as the alleged incident came to light on 12.09.2025 whereas the FIR has been neness of The FIR contains vague, bald and unsubstantiated It has been further submitted that the investigation in the present case is already AJAY KUMAR 2026.04.20 16:26 I attest to the accuracy and integrity of this document CRM-M- complete and no rec counsel has children aged about 3.5 years and 5 years, who are completely dependent upon her and her arrest would cause undue hardship and irrep her family. Furthermore, petitioner as nothing incriminating remains to be recovered from Moreover, there is no likelihood of the petitioner absconding from the process of justice or enlarged on pre anticipatory bail is entreated for. 4. anticipatory bail to the the petitioner is serious in nature. affidavit of Amit Bhatia, HPS, Assistant Commissioner of Police, Sadar, Gurugram, learned State counsel has submitted that involves a grave and serious economic offence of a very high magnitude resulting in wrongful loss amounting to several hundred crores to complainant company. The relevant part of the said status report reads thus: -12385-2026 complete and no recovery is to be effected from the petitioner. counsel has emphasized that the petitioner is a woman having two minor children aged about 3.5 years and 5 years, who are completely dependent upon her and her arrest would cause undue hardship and irrep her family. Furthermore, there is no need for custodial interrogation of the petitioner as nothing incriminating remains to be recovered from Moreover, there is no likelihood of the petitioner absconding from the process of justice or tampering with the prosecution evidence in case enlarged on pre-arrest bail. On strength of these submissions, the grant of anticipatory bail is entreated for. Per contra, learned State counsel anticipatory bail to the petitioner by arguing that the offence committed by the petitioner is serious in nature. Referring to the status report by way of an affidavit of Amit Bhatia, HPS, Assistant Commissioner of Police, Sadar, Gurugram, learned State counsel has submitted that involves a grave and serious economic offence of a very high magnitude resulting in wrongful loss amounting to several hundred crores to complainant company. The relevant part of the said status report reads thus: “14. Role of the petitioner: That in so far as the role of the petitioner in the commission of the present crime is concerned, it is submitted that the petitioner has played an active role in the commission of the present offence, which has been duly established during the cou investigation, the petitioner Tabassum, with a dishonest and fraudulent intention, had exploited the technical glitch in the payment system of MobiKwik and had unlawfully transferred an amount of Rs.10,79,990/ from the complainant company’s wallet into her own bank account maintained with HDFC Bank. The petitioner knowingly utilized her wallet credentials to receive and siphon off the defrauded funds, despite having no legal entitlement over the same, thereby causing wron 3 overy is to be effected from the petitioner. Learned emphasized that the petitioner is a woman having two minor children aged about 3.5 years and 5 years, who are completely dependent upon her and her arrest would cause undue hardship and irreparable harm to there is no need for custodial interrogation of the petitioner as nothing incriminating remains to be recovered from her Moreover, there is no likelihood of the petitioner absconding from the tampering with the prosecution evidence in case she is arrest bail. On strength of these submissions, the grant of , learned State counsel has opposed the grant of petitioner by arguing that the offence committed by Referring to the status report by way of an affidavit of Amit Bhatia, HPS, Assistant Commissioner of Police, Sadar, Gurugram, learned State counsel has submitted that the present case involves a grave and serious economic offence of a very high magnitude resulting in wrongful loss amounting to several hundred crores to complainant company. The relevant part of the said status report reads thus: That in so far as the role of the petitioner in the commission of the present crime is concerned, it is submitted that the petitioner has played an active role in the commission of the present offence, which has been duly established during the course of investigation. As per the investigation, the petitioner Tabassum, with a dishonest and fraudulent intention, had exploited the technical glitch in the payment system of MobiKwik and had unlawfully transferred an amount of Rs.10,79,990/ mplainant company’s wallet into her own bank account maintained with HDFC Bank. The petitioner knowingly utilized her wallet credentials to receive and siphon off the defrauded funds, despite having no legal entitlement over the same, thereby causing wrongful loss Learned emphasized that the petitioner is a woman having two minor children aged about 3.5 years and 5 years, who are completely dependent arable harm to there is no need for custodial interrogation of the her. Moreover, there is no likelihood of the petitioner absconding from the he is arrest bail. On strength of these submissions, the grant of opposed the grant of petitioner by arguing that the offence committed by Referring to the status report by way of an affidavit of Amit Bhatia, HPS, Assistant Commissioner of Police, Sadar, present case involves a grave and serious economic offence of a very high magnitude resulting in wrongful loss amounting to several hundred crores to complainant company. The relevant part of the said status report reads thus: That in so far as the role of the petitioner in the commission of the present crime is concerned, it is submitted that the petitioner has played an active role in the commission of the present offence, which has been rse of investigation. As per the investigation, the petitioner Tabassum, with a dishonest and fraudulent intention, had exploited the technical glitch in the payment system of MobiKwik and had unlawfully transferred an amount of Rs.10,79,990/- mplainant company’s wallet into her own bank account maintained with HDFC Bank. The petitioner knowingly utilized her wallet credentials to receive and siphon off the defrauded funds, despite gful loss AJAY KUMAR 2026.04.20 16:26 I attest to the accuracy and integrity of this document CRM-M- seriousness of the allegations, the magnitud ongoing investigation, the grant of anticipatory bail at this stage would seriously prejudice the prosecution case and may result in the petitioner influencing witnesses or tampering with evidence. Furthermore, the custodial in conspiracy and the financial trail. allegations and the stage of investigation petition is prayed for. 4.1. submissions in tandem with the State counsel. Learned counsel has iterated that the allegations against the petitioner are not simple but disclose a well organized and systematic regulated digital payment platform were deliberately exploited in connivance with other accused persons. According to learned counsel, the nature of offence clearly indicates the existence of a larger conspiracy which is still under investig dismissal of the petition in hand. 5. gone through the available record of the case. 6. serious allegations have been levelled against the petitioner -12385-2026 to the complainant and corresponding wrongful gain to herself. Her conduct reflects active participation in the larger conspiracy of misusing the digital payment infrastructure for fraudulent enrichment, and the fact that recovery of the duped amount is still pending. The copy of HDFC bank account number 50100354979662 is being appended along with the present affidavit as Annexure R1.” Learned State counsel has further submitted that seriousness of the allegations, the magnitud ongoing investigation, the grant of anticipatory bail at this stage would seriously prejudice the prosecution case and may result in the petitioner influencing witnesses or tampering with evidence. Furthermore, the custodial interrogation of the petitioner is imperative to uncover the entire conspiracy and the financial trail. Considering the seriousness of the allegations and the stage of investigation petition is prayed for. Learned counsel appearing for the complainant has raised submissions in tandem with the State counsel. Learned counsel has iterated that the allegations against the petitioner are not simple but disclose a well organized and systematic modus operandi regulated digital payment platform were deliberately exploited in connivance with other accused persons. According to learned counsel, the nature of offence clearly indicates the existence of a larger conspiracy which is still under investigation. Accordingly, a prayer has been made for the dismissal of the petition in hand. I have heard the learned counsel for the gone through the available record of the case. As per the case put forth in the FIR in serious allegations have been levelled against the petitioner 4 to the complainant and corresponding wrongful gain to herself. Her conduct reflects active participation in the larger conspiracy of misusing the digital payment infrastructure for fraudulent enrichment, and the fact mount is still pending. The copy of HDFC bank account number 50100354979662 is being appended along with the ” Learned State counsel has further submitted that in view of the seriousness of the allegations, the magnitude of financial loss and the ongoing investigation, the grant of anticipatory bail at this stage would seriously prejudice the prosecution case and may result in the petitioner influencing witnesses or tampering with evidence. Furthermore, the terrogation of the petitioner is imperative to uncover the entire Considering the seriousness of the allegations and the stage of investigation, the dismissal of the instant appearing for the complainant has raised submissions in tandem with the State counsel. Learned counsel has iterated that the allegations against the petitioner are not simple but disclose a well modus operandi wherein technical loopholes in a regulated digital payment platform were deliberately exploited in connivance with other accused persons. According to learned counsel, the nature of offence clearly indicates the existence of a larger conspiracy which ation. Accordingly, a prayer has been made for the I have heard the learned counsel for the rival parties and have gone through the available record of the case. As per the case put forth in the FIR in question, indubitably, serious allegations have been levelled against the petitioner. The allegations to the complainant and corresponding wrongful gain to herself. Her conduct reflects active participation in the larger conspiracy of misusing the digital payment infrastructure for fraudulent enrichment, and the fact mount is still pending. The copy of HDFC bank account number 50100354979662 is being appended along with the in view of the e of financial loss and the ongoing investigation, the grant of anticipatory bail at this stage would seriously prejudice the prosecution case and may result in the petitioner influencing witnesses or tampering with evidence. Furthermore, the terrogation of the petitioner is imperative to uncover the entire Considering the seriousness of the dismissal of the instant appearing for the complainant has raised submissions in tandem with the State counsel. Learned counsel has iterated that the allegations against the petitioner are not simple but disclose a well oopholes in a regulated digital payment platform were deliberately exploited in connivance with other accused persons. According to learned counsel, the nature of offence clearly indicates the existence of a larger conspiracy which ation. Accordingly, a prayer has been made for the and have question, indubitably, . The allegations AJAY KUMAR 2026.04.20 16:26 I attest to the accuracy and integrity of this document CRM-M- contained in the FIR disclose a well for unlawful gain. The amount involved is substantial which indicates the seriousness and gravity of the offence. opinion of this Court, the economic offences of such magnitude cannot be treated at par with ordinary offences as they have far on public trust. The plea of the pe technical glitch does not persuade this Court as such a defence cannot be conclusively examined at this stage. In cases involving digital fraud and conspiracy, the custodial interrogation often becomes neces the larger network, trace the flow of funds and identify other co persons. requires deeper investigation for which custodial interrogation petitioner may be hamper the investigation. 7. for grant of bail fraud, a meticulous evalua paramount factor is the nature, gravi coupled with its potential societal ramifications. The proliferation of online frauds and cybercrimes poses a significant threat, as it public confidence in digital financial transaction platforms. Such erosion runs counter to the aspirations of an advanced and digitally empowered “Digital Bharat” and thus warrants a heightened degree of judicial circumspection. Thes aggrieve a multitude of victims simultaneously, often with a single act of commission. The deleterious consequences of cybercrimes transcend -12385-2026 contained in the FIR disclose a well-planned and large for unlawful gain. The amount involved is substantial which icates the seriousness and gravity of the offence. opinion of this Court, the economic offences of such magnitude cannot be treated at par with ordinary offences as they have far on public trust. The plea of the petitioner that the instant case is a result of a technical glitch does not persuade this Court as such a defence cannot be conclusively examined at this stage. In cases involving digital fraud and conspiracy, the custodial interrogation often becomes neces the larger network, trace the flow of funds and identify other co persons. The exact nature and extent of the involvement requires deeper investigation for which custodial interrogation petitioner may be essential. The grant of anticipatory bail at this stage may hamper the investigation. It is befitting to mention here that while adjudicating the for grant of bail, particularly in cases concerning cybercrimes and online fraud, a meticulous evaluation of several pivotal factors paramount factor is the nature, gravity and seriousness of the offenc coupled with its potential societal ramifications. The proliferation of online frauds and cybercrimes poses a significant threat, as it public confidence in digital financial transaction platforms. Such erosion runs counter to the aspirations of an advanced and digitally empowered “Digital Bharat” and thus warrants a heightened degree of judicial circumspection. These offences are characterized by their capacity to aggrieve a multitude of victims simultaneously, often with a single act of commission. The deleterious consequences of cybercrimes transcend 5 planned and large-scale financial fraud for unlawful gain. The amount involved is substantial which prima facie icates the seriousness and gravity of the offence. In the considered opinion of this Court, the economic offences of such magnitude cannot be treated at par with ordinary offences as they have far-reaching consequences titioner that the instant case is a result of a technical glitch does not persuade this Court as such a defence cannot be conclusively examined at this stage. In cases involving digital fraud and conspiracy, the custodial interrogation often becomes necessary to unearth the larger network, trace the flow of funds and identify other co-accused The exact nature and extent of the involvement of the petitioner requires deeper investigation for which custodial interrogation of the The grant of anticipatory bail at this stage may It is befitting to mention here that while adjudicating the plea , particularly in cases concerning cybercrimes and online tion of several pivotal factors is necessary. The ty and seriousness of the offenc coupled with its potential societal ramifications. The proliferation of online frauds and cybercrimes poses a significant threat, as it systematically erodes public confidence in digital financial transaction platforms. Such erosion runs counter to the aspirations of an advanced and digitally empowered “Digital Bharat” and thus warrants a heightened degree of judicial es are characterized by their capacity to aggrieve a multitude of victims simultaneously, often with a single act of commission. The deleterious consequences of cybercrimes transcend scale financial fraud prima facie In the considered opinion of this Court, the economic offences of such magnitude cannot be reaching consequences titioner that the instant case is a result of a technical glitch does not persuade this Court as such a defence cannot be conclusively examined at this stage. In cases involving digital fraud and sary to unearth accused of the petitioner of the The grant of anticipatory bail at this stage may plea , particularly in cases concerning cybercrimes and online . The ty and seriousness of the offence coupled with its potential societal ramifications. The proliferation of online systematically erodes public confidence in digital financial transaction platforms. Such erosion runs counter to the aspirations of an advanced and digitally empowered “Digital Bharat” and thus warrants a heightened degree of judicial es are characterized by their capacity to aggrieve a multitude of victims simultaneously, often with a single act of commission. The deleterious consequences of cybercrimes transcend AJAY KUMAR 2026.04.20 16:26 I attest to the accuracy and integrity of this document CRM-M- individual boundaries, imperiling numerous unsuspecting citizens. gravity of such transgressions cannot, therefore, be understated. They not only jeopardize the financial security and trust reposed by individuals in financial payment gateways and platforms but also inherently expose the broader populace to analogous operates akin to a silent virus society that extends far beyond mere pecuniary loss, encompassing the bedrock of trust, security, and national progress. Given the in and profound gravity of such offenses and their wide effects on both society and financial institutions, this Court finds itself disinclined to grant the relief of anticipatory bail as prayed for. To do otherwise would be to detrimental impact of these digital depredations. 8. stage, from which it can be deciphered that the petitioner has been falsely implicated into the present case, the allegations against the petitioner material placed on record, are that she is one of the beneficiaries and active participants in the fraudulent tra payment platform of the complainant company. in connivance with other co loopholes in the system to initiate and process multiple transactions whereby funds in excess of the permissible wallet balance were fraudulently transferred into the bank account linked with the petitioner and other accused persons. mention here that while -12385-2026 individual boundaries, imperiling numerous unsuspecting citizens. gravity of such transgressions cannot, therefore, be understated. They not only jeopardize the financial security and trust reposed by individuals in financial payment gateways and platforms but also inherently expose the broader populace to analogous threats. Indeed, cybercrime in our nation operates akin to a silent virus — insidious, disruptive, and exacting a toll on society that extends far beyond mere pecuniary loss, encompassing the bedrock of trust, security, and national progress. Given the in and profound gravity of such offenses and their wide effects on both society and financial institutions, this Court finds itself disinclined to grant the relief of anticipatory bail as prayed for. To do otherwise would be to turn a Nelson’s eye detrimental impact of these digital depredations. Moreover, no cause nay plausible cause has been shown, at this stage, from which it can be deciphered that the petitioner has been falsely ed into the present FIR. It goes without saying that in the instant the allegations against the petitioner material placed on record, are that she is one of the beneficiaries and active participants in the fraudulent transactions carried out through the digital payment platform of the complainant company. in connivance with other co-accused, knowingly exploited technical loopholes in the system to initiate and process multiple nsactions whereby funds in excess of the permissible wallet balance were fraudulently transferred into the bank account linked with the petitioner and other accused persons. The investigation is at nascent stage. mention here that while considering a plea for 6 individual boundaries, imperiling numerous unsuspecting citizens. The gravity of such transgressions cannot, therefore, be understated. They not only jeopardize the financial security and trust reposed by individuals in financial payment gateways and platforms but also inherently expose the threats. Indeed, cybercrime in our nation insidious, disruptive, and exacting a toll on society that extends far beyond mere pecuniary loss, encompassing the bedrock of trust, security, and national progress. Given the inherent nature and profound gravity of such offenses and their wide-ranging cascading effects on both society and financial institutions, this Court finds itself disinclined to grant the relief of anticipatory bail as prayed for. To do Nelson’s eye to the profound and far-reaching detrimental impact of these digital depredations. plausible cause has been shown, at this stage, from which it can be deciphered that the petitioner has been falsely FIR. It goes without saying that in the instant the allegations against the petitioner, as emerging from the FIR and material placed on record, are that she is one of the beneficiaries and active nsactions carried out through the digital payment platform of the complainant company. Furthermore, the petitioner, accused, knowingly exploited technical loopholes in the system to initiate and process multiple unauthorized nsactions whereby funds in excess of the permissible wallet balance were fraudulently transferred into the bank account linked with the petitioner and The investigation is at nascent stage. It is befitting to considering a plea for grant of anticipatory bail, the The gravity of such transgressions cannot, therefore, be understated. They not only jeopardize the financial security and trust reposed by individuals in financial payment gateways and platforms but also inherently expose the threats. Indeed, cybercrime in our nation insidious, disruptive, and exacting a toll on society that extends far beyond mere pecuniary loss, encompassing the herent nature ranging cascading effects on both society and financial institutions, this Court finds itself disinclined to grant the relief of anticipatory bail as prayed for. To do reaching plausible cause has been shown, at this stage, from which it can be deciphered that the petitioner has been falsely FIR. It goes without saying that in the instant , as emerging from the FIR and material placed on record, are that she is one of the beneficiaries and active nsactions carried out through the digital petitioner, accused, knowingly exploited technical unauthorized nsactions whereby funds in excess of the permissible wallet balance were fraudulently transferred into the bank account linked with the petitioner and It is befitting to grant of anticipatory bail, the AJAY KUMAR 2026.04.20 16:26 I attest to the accuracy and integrity of this document CRM-M- Court has to equilibrate between safeguarding individual rights and protecting societal interests. The Court ought to reckon with the magnitude and nature of the offence; the role attributed to the ac and free investigation as also the deeper and wide impact of such alleged iniquities on the society. At this stage, there is no material on record to hold that prima facie which has come on record and preliminary investigation, appear to be established a reasonable basis for the accusations. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it would necessarily cause impediment in effective investig SCC 187 : 1997 SCC (Cri) 1039 (SCC p. 189, para 6) 9. offence and the requirement of the thorough investigation, this Court is of the considered opinion that the -12385-2026 Court has to equilibrate between safeguarding individual rights and protecting societal interests. The Court ought to reckon with the magnitude and nature of the offence; the role attributed to the ac and free investigation as also the deeper and wide impact of such alleged iniquities on the society. At this stage, there is no material on record to hold prima facie case is not made out against the petitioner. The material hich has come on record and preliminary investigation, appear to be established a reasonable basis for the accusations. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it would necessarily cause impediment in effective investigation. In SCC 187 : 1997 SCC (Cri) 1039, the Hon'ble Supreme Court held as under : (SCC p. 189, para 6) “6. We find force in the submission of CBI that custodial interrogation is qualitatively more elicitation-oriented than well-ensconced with a favourable order under Section 438 of the Code. In a case like this, effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre interrogated. Very often interrogation in such a condition would a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. Th police officers would conduct themselves in task of disintering offences would not conduct themselves as offenders. In view of the gravity of the allegations, offence and the requirement of the custodial interrogation thorough investigation, this Court is of the considered opinion that the 7 Court has to equilibrate between safeguarding individual rights and protecting societal interests. The Court ought to reckon with the magnitude and nature of the offence; the role attributed to the accused; the need for fair and free investigation as also the deeper and wide impact of such alleged iniquities on the society. At this stage, there is no material on record to hold case is not made out against the petitioner. The material hich has come on record and preliminary investigation, appear to be established a reasonable basis for the accusations. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it would necessarily cause ation. In State v. Anil Sharma, (1997) 7 , the Hon'ble Supreme Court held as under : “6. We find force in the submission of CBI that custodial interrogation is oriented than questioning a suspect who is ensconced with a favourable order under Section 438 of the Code. In a case like this, effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also ch would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre-arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third-degree methods need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in task of disintering offences would not conduct themselves as offenders.” In view of the gravity of the allegations, the nature of the custodial interrogation for a fair and thorough investigation, this Court is of the considered opinion that the Court has to equilibrate between safeguarding individual rights and protecting societal interests. The Court ought to reckon with the magnitude cused; the need for fair and free investigation as also the deeper and wide impact of such alleged iniquities on the society. At this stage, there is no material on record to hold case is not made out against the petitioner. The material hich has come on record and preliminary investigation, appear to be established a reasonable basis for the accusations. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it would necessarily cause State v. Anil Sharma, (1997) 7 , the Hon'ble Supreme Court held as under : “6. We find force in the submission of CBI that custodial interrogation is questioning a suspect who is ensconced with a favourable order under Section 438 of the Code. In a case like this, effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also ch would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well arrest bail order during the time he is reduce to a mere ritual. The argument that the custodial interrogation is fraught degree methods need not be countenanced, for, such an argument can be advanced by all e Court has to presume that responsible police officers would conduct themselves in task of disintering offences the nature of the for a fair and thorough investigation, this Court is of the considered opinion that the AJAY KUMAR 2026.04.20 16:26 I attest to the accuracy and integrity of this document CRM-M- petitioner does not deserve the concession of anticipatory bail in the factual milieu of the case in hand. 10. (i) (ii) of opinion upon merits of the case/investigation. (iii) April 20, Ajay -12385-2026 petitioner does not deserve the concession of anticipatory bail in the factual of the case in hand. In view of the prevenient rati The instant petition is devoid of merits and is hereby dismissed. Nothing said hereinabove shall be deemed to be an expression of opinion upon merits of the case/investigation. Pending application(s), if any, shall also stand disposed off. 2026 Whether speaking/reasoned: Whether reportable: 8 petitioner does not deserve the concession of anticipatory bail in the factual In view of the prevenient ratiocination, it is ordained thus: petition is devoid of merits and is hereby dismissed. Nothing said hereinabove shall be deemed to be an expression of opinion upon merits of the case/investigation. y, shall also stand disposed off. (SUMEET GOEL) JUDGE Yes/No Yes/No petitioner does not deserve the concession of anticipatory bail in the factual petition is devoid of merits and is hereby dismissed. Nothing said hereinabove shall be deemed to be an expression AJAY KUMAR 2026.04.20 16:26 I attest to the accuracy and integrity of this document