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2026 DAILYLAW 26110 (PNJ)

HARSH KUMAR v. STATE OF PUNJAB

CRM-M/22689/2026 · 2026-07-06

Manisha Batra

body2026

Judgment text

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CRM-M-22689-2026 (O&M) and two connected cases -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-22689-2026 1. Harsh Kumar ...Petitioner Versus State of Punjab ...Respondent CRM-M-22709-2026 2. Ritesh Majhi ...Petitioner Versus State of Punjab ...Respondent CRM-M-22710-2026 3. Vaibhav Kumar Uikey @ Bhaivan Kumar Uikey ...Petitioner Versus State of Punjab ...Respondent Date of decision : 06.07.2026 CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Karori Mal Garg, Advocate for the petitioners. Ms. Sakshi Bakshi, AAG, Punjab. MANISHA BATRA, J. (Oral) 1. This common order shall dispose of abovementioned three petitions as they arise out of the same FIR and seek identical relief. 2. Prayer in these petitions, filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of regular bail to the petitioners in FIR No. 35 dated 17.07.2025, registered under Sections 318(4) of BNS, 2023 and Section 66 of the Information Technology Act, 2000 at Police Station MOHAMMAD WASEEM ANSARI 2026.07.06 16:39 I attest to the accuracy and integrity of this document CRM-M-22689-2026 (O&M) and two connected cases -2- Cyber Crime, District Mohali, SAS Nagar. 3. As per the allegations, on 17.07.2025, on receipt of a secret information, a police party headed by SI Ankit reached at Flat No. 2548-B. First Floor, Coin Homes, Gilco Valley, Kharar and apprehended 04 youths who were present there. They disclosed their names as Ajay, Harsh Kumar (petitioner), Ritesh Majhi (petitioner) and Pankaj @ Pankaj Goswami. Thereafter, another flat bearing No.006, Royal Apartment was also raided in pursuance of the secret information and co-accused Manjeet Singh along with 03 more persons namely petitioner Vaibhav Kumar, Gurpreet Singh and Nikhil Kumar were apprehended from the same. On asking, they disclosed that they had been using their laptops, cellphones to allure innocent persons through internet by offering temptation of earning more money and by misleading them into online games. They had been using AllPanel app and had been committing online frauds. They also got recovered laptops, cellphones and other articles used by them for commission of the aforementioned offences. Recovery of 21 ATM cards, 07 mobile phones of different make and an amount of Rs.20,000/- was effected at the instance of co-accused Ajay, whereas 16 ATM cards and 06 mobile phones of different make were got recovered by co-accused Manjeet Singh, which were taken into possession. Some other persons were also nominated in this case. Investigation now stands concluded and challan has been presented before the Court. 4. It is argued by learned counsel for the petitioners that they have been falsely implicated in this case. False recoveries have been planted upon them. They are in custody since long. They are not required for further investigation. The trial will take considerable time to conclude. The subject offences are triable by Magistrate. No useful purpose would be served by MOHAMMAD WASEEM ANSARI 2026.07.06 16:39 I attest to the accuracy and integrity of this document CRM-M-22689-2026 (O&M) and two connected cases -3- detaining them in custody anymore. Similarly situated co-accused Ajay and Manjeet Singh have already been granted concession of regular bail by this Court. On parity, the petitioners too deserve to be granted the same benefit. It is, therefore, urged that the petitions deserve to be allowed. 5. Separate status reports have been filed by the respondent-State. Learned State counsel has argued that there are serious allegations against the petitioners. Recovery of huge quantity of ATM cards, cell phones and money has been effected at their instance. The electronic devices recovered from them have been sent for forensic analysis. The recovery as such pointed out that the petitioners were part of an organized financial fraud. There are chances of petitioners absconding or committing similar offences, if extended benefit of bail. It is, therefore, argued that they do not deserve to be extended benefit of bail. 6. This Court has heard the rival submissions. 7. The petitioners are alleged to have been committing online frauds by using different ATM cards and mobile phones. Recoveries of some ATM cards and mobile phones have been separately effected from the petitioners. However, at this stage, there is no material on record to show that the recovered cell phones and ATM cards have been used by the petitioners for committing any cyber crime or digital fraud. Conclusion of trial is likely to take considerable time as no prosecution witness has been examined so far. Moreso, similarly situated co-accused Ajay and Manjeet Singh have already been granted concession of regular bail by this Court. Hence, the principle of parity also weighs in favour of the petitioners. The petitioners have been in custody for the last more than eleven months. Their continued detention is not going to serve any useful purpose in the given circumstances. Therefore, MOHAMMAD WASEEM ANSARI 2026.07.06 16:39 I attest to the accuracy and integrity of this document CRM-M-22689-2026 (O&M) and two connected cases -4- taking into consideration the above discussed facts and the circumstances peculiar to the case, this Court is of the considered opinion that the petitioners have made out a case for their release on bail. Accordingly, the petitions are allowed and the petitioners are ordered to be released on regular bail subject to their furnishing personal as well as surety bonds to the extent of 02 sureties of each like amount to the satisfaction of learned trial Court/CJM/Duty Magistrate concerned and on the following conditions:- (i) The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case or tamper with the evidence of the case in any manner whatsoever. (ii)The petitioners shall not leave the country under any circumstance without permission of the learned trial Court. (iii) The petitioners shall appear before each and every date of hearing. (iv) The petitioners shall provide their permanent addresses as well as present addresses before the learned trial Court at the time of furnishing of bonds and shall not change the same without informing the trial Court. (v) The petitioners shall also give copy of their Aadhar Card, PAN Card if any and details of their mobile phone numbers) to the learned trial Court at the time of furnishing of bonds and in case, any change in their mobile phone numbers) takes place, then they shall inform about the same to the learned trial Court in advance and shall keep their mobile phones) switched on all times. (vi) The petitioners shall deposit their passports, if any, with the learned trial Court. 8. It is, however, clarified that the observations made above shall not be construed as an expression of opinion of this Court on the merits of the case and shall not influence the outcome of the trial in any manner. MOHAMMAD WASEEM ANSARI 2026.07.06 16:39 I attest to the accuracy and integrity of this document CRM-M-22689-2026 (O&M) and two connected cases -5- 9. Let a photocopy of this order be placed on the files of the connected cases. 06.07.2026 (MANISHA BATRA) Waseem R. Ansari Waseem R. Ansari Waseem R. Ansari Waseem R. Ansari JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHAMMAD WASEEM ANSARI 2026.07.06 16:39 I attest to the accuracy and integrity of this document