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2026 DAILYLAW 27319 (PNJ)

PANKAJ KUMAR AND ANOTHER v. STATE OF PUNJAB

CRM-M/35813/2026 · 2026-07-09

Virinder Aggarwal

body2026

Judgment text

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CRM-M-35813-2026 (O&M) -:1:- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (106) CRM-M-35813-2026 (O&M) Date of Decision:09.07.2026 PANKAJ KUMAR AND ANOTHER … Petitioners Versus STATE OF PUNJAB ... Respondent -.- CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present:- Ms. Anu Malika Sandhu, Advocate for the petitioners. Mr. Jasjit Singh Rattu, DAG, Punjab. -.- VIRINDER AGGARWAL , J . (Oral) 1. The present petition has been preferred under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 438 of the Code of Criminal Procedure, 1973), seeking the concession of pre-arrest bail in the event of the petitioners' arrest in FIR No.11 dated 06.03.2026, registered under Sections 420 and 120-B of the Indian Penal Code, 1860 [corresponding to Sections 318(4) and 61(2) of the Bharatiya Nyaya Sanhita, 2023], at Police Station Cyber Crime, District Fazilka (Annexure P-1). 2. Briefly stated, the allegations, as set out in the FIR, are that the accused persons, on the pretext of facilitating online trading, induced the complainant to hand over his bank account credentials, including the ATM card, passbook and SIM card. It is alleged that the said bank account was GAURAV SOROT 2026.07.09 17:15 I attest to the accuracy and integrity of this document CRM-M-35813-2026 (O&M) -:2:- thereafter utilized by the accused persons for the deposit and withdrawal of an amount of 10,00,000/-, allegedly constituting the proceeds of a ₹ cyber fraud. On the basis of these allegations, the present FIR came to be registered against the petitioners and the other co-accused. 3. Learned counsel for the petitioners contends that, as per the allegations levelled in the FIR, the petitioners are alleged to have induced the complainant to hand over his bank account credentials, including the ATM card, passbook and SIM card, on the representation that the said account would be utilized for online trading transactions and that the complainant would be paid an amount of 1,000/- per day for permitting ₹ the use of his bank account, as the petitioners were allegedly unable to route further financial transactions through their own accounts on account of transaction limits. It is submitted that the prosecution case further proceeds on the premise that the complainant subsequently discovered that an amount of approximately 10,00,000/- had been credited to and ₹ withdrawn from his bank account, which, according to the investigating agency, represented the proceeds of fraudulent transactions. Learned counsel submits that the petitioners have been falsely implicated and that the allegations, even if taken at their face value, do not necessitate their custodial interrogation. It is further submitted that the petitioners are ready and willing to join the investigation, abide by any condition that may be imposed by this Court, and cooperate with the investigating agency. Accordingly, it is prayed that the present petition be allowed and the petitioners be granted the concession of pre-arrest bail. 4. Notice of motion. GAURAV SOROT 2026.07.09 17:15 I attest to the accuracy and integrity of this document CRM-M-35813-2026 (O&M) -:3:- 5. Mr. Jasjit Singh Rattu, learned Deputy Advocate General, Punjab, accepts notice on behalf of the respondent-State and opposes the prayer for grant of anticipatory bail. He submits that, having regard to the nature and gravity of the allegations, the petitioners do not deserve the concession of pre-arrest bail and, accordingly, prays for dismissal of the present petition. 6. I have heard learned counsel for the parties and have carefully perused the paper book with their able assistance. 7. Considering the nature and gravity of the allegations, this Court finds that the petitioners are alleged to have been involved in the commission of a cyber fraud by inducing the complainant to part with his bank account credentials and thereafter routing fraudulent transactions amounting to approximately 10,00,000/- through his bank account. The ₹ investigation further alleges that the petitioners are part of a larger network engaged in duping poor girls/ladies and other financially vulnerable persons by luring them with false assurances of monetary benefits and thereafter using their bank accounts to facilitate illegal online transactions. 7.1. In the opinion of this Court, the custodial interrogation of the petitioners is imperative not only to unearth the complete modus operandi adopted in the commission of the alleged offences, but also to identify the other persons involved, trace the flow of the defrauded money, recover the incriminating material, and ascertain the extent of the alleged conspiracy. Grant of the concession of anticipatory bail at this stage is likely to impede a fair, effective and meaningful investigation. GAURAV SOROT 2026.07.09 17:15 I attest to the accuracy and integrity of this document CRM-M-35813-2026 (O&M) -:4:- 7.2. Accordingly, without expressing any opinion on the merits of the case, lest it may prejudice either party during the course of investigation or trial, this Court is of the considered view that the petitioners have failed to make out a case for the grant of anticipatory bail. Consequently, the present petition, being devoid of merit, is hereby dismissed. 8. In view of the fact that the principal matter stands finally adjudicated, all pending miscellaneous applications, if any, arising out of or ancillary to the present proceedings, shall also stand disposed of accordingly. No separate or further orders are required to be passed in respect thereof. ( VIRINDER AGGARWAL) 09.07.2026 JUDGE Gaurav Sorot Whether reasoned / speaking? Yes / No Whether reportable? Yes / No GAURAV SOROT 2026.07.09 17:15 I attest to the accuracy and integrity of this document