1 CRM-M-22892-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 222-a CRM-M-22892-2026 MOHD. MUZAFFAR ALI ….Petitioner versus STATE OF HARYANA …Respondent Date of decision: July 02, 2026 Date of Uploading: July 02, 2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Omkar Chauhan, Advocate for the petitioner. Mr. Gurmeet Singh, AAG Haryana. ***** SUMEET GOEL, J. (ORAL) 1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner, in case bearing FIR No.312/2025 dated 28.08.2025, registered for the offences punishable under Sections 318(4), 319, 338, 336(3), 340(2), 61(2) of BNS and 66D of Information Technology Act, 2000, at Police Station Cyber West, District Gurugram. 2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:- ‘1. The Complainant Company received complaints from customers in relation to fraud transactions that happened with the customer by unidentified individual(s)/ group of people through the impersonation of a representative of the Complainant Company. We had received contact details of the individual impersonating as the representative RITU SHARMA 2026.07.02 18:51 I attest to the accuracy and integrity of this document 2 CRM-M-22892-2026 of Complainant Company and proof of payment done by customer in the individual's bank accounts/ UPI ID from certain customers. 2. That the cybercriminals frequently change their mobile numbers to commit fraud with customers. Recently, one stich fraudster, using mobile number 91 7503452749, contacted an employee of the Complainant Company and requested details of newly disbursed customers, including loan number, disbursement amount, processing fee, and mobile number In return, the fraudster offered monetary compensation to the employee in exchange for this confidential information. 3. The complainant companies employees, under the pretext of being associates of the fraudster, disclosed customer data to the fraudster. Subsequently, we have inadvertently provided the fraudster with the following contract numbers 4505155123.4505144513 and 4505158478 and mobile numbers. as customer contact details: 8448394418, 9711789867. and 9813819502 (related to our internal employees) respectively, along with other sensitive information such as custonier naines, loan disbursement amount, EMI amount, EMI Temure, and loan amounts. 4. The fraudster subsequently contacted the above-mentioned auinbers using mobile number 91 8252562090 During these calls, he denufied hunsell as "Ashutosh Sharma from Home Credit" when speaking to the numbers 84 181944-418 and 981.3819502, and as "Mohd. Wasim from Home Credit" when speaking to 4711789867. Call recordings related to these communications are also available to assist with the investigation 5. Through this deception, the fraudster provided his bank details:- Account Holder Name: Satyam Kumar Account Number: 171901000015878 IFSC Code 10BA0001719 AND Bank Name: Indian Overseas Bank Account Holder Name. Akhilesh Kumar Account Number: 20312658763 IFSC Code: SBIN0000026 And Bank Name: State Bank of India The fraudster provided the bank details to deceive the customers by posing as a company's representative, with the intent to receive the loan amount into his bank account. 6. It is also brought to your attention that the fraudster has already committed fraud using the details of one of our customers, as outlined below. Contract Code Customer Name UPI ID on which payment made by customer Mobile No from which call was received by customer Amount paid by customer to fraudster 4502964967 Dipalihomecredit 1290@oksbi 8247575065 7044910687. 65000- 7. That the above act has caused financial damage to the Complainant Company at large and degraded the status of the Company among the people of the state. In reference to the above recited facts and incidents, it appears that a RITU SHARMA 2026.07.02 18:51 I attest to the accuracy and integrity of this document 3 CRM-M-22892-2026 cognizable offence has been committed against the Complainant Company. At present, the Complainant Company is unable to ascertain the identity of other individuals who may be involved in this conspiracy to defraud the Company. Therefore, we respectfully request that the FIR be registered, and a comprehensive investigation be initiated to identify all persons involved in the acts of impersonation forgery, and cheating, so that appropriate legal action away be taken under the relevant provisions of law. Thanking You Sd/- For Flome Credit India Finance Private Limited Name Anand Pal Authorized Representative Mobile 9953647282.’ 3. Learned counsel for the petitioner has argued that the petitioner is in custody since 29.08.2025. Learned counsel has submitted that the petitioner has been falsely implicated into the FIR in question. Learned counsel has iterated that prime allegation made by the complainant/company is that of ‘data theft’. Learned counsel for the petitioner has further submitted that similarly situated co-accused Md. Kasif has been extended the concession of regular bail by this Court vide order dated 01.04.2026 passed in CRM-M-7305-2026 and the said order has not been assailed till date before Hon’ble the Supreme Court. It is further submitted that after culmination of investigation, challan has been presented and charges are yet to be framed. Learned counsel has iterated that the petitioner is young man aged 25 years with clean antecedents.. Thus, regular bail is prayed for. 4. Learned State counsel has filed status report by way of an affidavit dated 26.05.2026, which is already on record. Learned State counsel has also filed custody certificate dated 01.07.2026, in the Court today, which is taken on record. Raising submissions in tandem with the said status report, learned State counsel has opposed the present petition by arguing that the petitioner is accused of committing a serious offence. Learned counsel has further submitted that petitioner is the main accused and the conspirator behind the serious crime and in case, he is released on bail, there is all the likelihood that he would flee from RITU SHARMA 2026.07.02 18:51 I attest to the accuracy and integrity of this document 4 CRM-M-22892-2026 process of justice and also would interfere with the prosecution evidence. Thus, the petitioner does not deserve the concession of the regular bail. 5. I have heard counsel for the parties and have gone through the available records of the case. 6. The petitioner was arrested on 29.08.2025, whereinafter investigation was carried out and challan has been presented on 17.11.2025. The list of witnesses is not so long. At this stage, six prosecution witnesses have been cited, and it is not in dispute that none has been examined till date. The rival contention raised at Bar give rise to debatable issues, which shall essentially be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. 6.1. As per custody certificate dated 01.07.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 10 months and 04 days, & is not shown to be involved in any other FIR(s). Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail, if not required in any other case, on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions: (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. RITU SHARMA 2026.07.02 18:51 I attest to the accuracy and integrity of this document 5 CRM-M-22892-2026 (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. The petitioner, in addition to the above conditions, shall be required to furnish the FDR in the name of Court releasing him on bail or cash amount to the tune of Rs.50,000/- as a condition precedent of his being released on bail. 8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. 11. Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed of. (SUMEET GOEL) July 02, 2026 JUDGE rts Whether speaking/reasoned: Yes/No Whether reportable: Yes/No RITU SHARMA 2026.07.02 18:51 I attest to the accuracy and integrity of this document