IN THE HIGH COURT OF PUNJAB & HARYANA AT 117+209 Nikesh Babban Pine State of Haryana [ CORAM: Present : SURYA PARTAP SINGH record. For the reasons mentioned in the application, the same is hereby allowed and the documents annexed with the application are taken record. 2. under Section 483 of been filed for the commission of of CRM-M-19037-2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Nikesh Babban Pine VERSUS Haryana CORAM: HON’BLE MR. JUSTICE SURYA PARTAP SINGH Ms. Rekha Jain, Advocate for Ms. Deepali Verma, Asst. A.G. Haryana Mr. Sayyam Garg and Mr. Gautam Narain Singh for the complainant. ***** SURYA PARTAP SINGH, J. CRM-27682-2026 This is an application seeking for placing certain documents on record. For the reasons mentioned in the application, the same is hereby allowed and the documents annexed with the application are taken CRM-M-19037-2026 This petition for bail is the first under Section 483 of ‘the Bharatiya Nagarik Suraksha Sanhita been filed with regard to a case arising out of for the commission of offence punishable under Section (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-19037-2026 (O&M) Date of decision : 13.07.2026 ..... Petitioner VERSUS ..... Respondent SURYA PARTAP SINGH for the petitioner. Ms. Deepali Verma, Asst. A.G. Haryana. and Mr. Gautam Narain Singh, Advocates ***** This is an application seeking for placing certain documents on record. For the reasons mentioned in the application, the same is hereby allowed and the documents annexed with the application are taken first petition, filed by the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023’. It with regard to a case arising out of FIR No.83 dated 21.03.2025 fence punishable under Sections 318(4), 61(2) of (O&M) .2026 Petitioner ..... Respondent This is an application seeking for placing certain documents on record. For the reasons mentioned in the application, the same is hereby on petitioner has .2025, s 318(4), 61(2) of GAURAV THAKUR 2026.07.13 18:42 I attest to the accuracy and integrity of this document Bharatiya Nyaya Sanhita, 2023, hereinafter being referred to as ‘BNS’ Police Station 2. ‘Rashmi Tripathi’, hereinafter being referred to as ‘complainant’ only. It was stated by the above contacted by shifted to themselve perform online tasks by promising substantial returns. As per complainant, after initially crediting persuaded her to transfer money through multiple transactions on the pretext of completing the tasks, period fro 3. abovementioned st investigation taken up. According to investigation he was the beneficiary of one of the bank accounts, in which the defrauded amount was transferred. 4. petitioner. The same be t 5. CRM-M-19037-2026 (O&M) 2 Bharatiya Nyaya Sanhita, 2023, hereinafter being referred to as ‘BNS’ Police Station Cyber Crime (Central), Faridabad. The abovementioned FIR came into being ‘Rashmi Tripathi’, hereinafter being referred to as ‘complainant’ only. It was stated by the above-named complainant that contacted by some unknown persons through WhatsApp, o Telegram. According to complainant, the accused es as representatives of a genuine company and induced her to perform online tasks by promising substantial returns. As per complainant, after initially crediting a small amount suaded her to transfer money through multiple transactions on the pretext of completing the tasks, and thus, cheate om 03.12.2023 to 04.12.2023. It is the case of the prosecution that abovementioned statement, formal FIR of this case was lodged and the investigation taken up. According to prosecution investigation the petitioner was arrayed as an accused, and it was found that he was the beneficiary of one of the bank accounts, in which the defrauded amount was transferred. The learned State Counsel has filed custody certificate of the petitioner. The same be taken on record. Heard. (O&M) 2 Bharatiya Nyaya Sanhita, 2023, hereinafter being referred to as ‘BNS’ Faridabad. The abovementioned FIR came into being at the instance of ‘Rashmi Tripathi’, hereinafter being referred to as ‘complainant’ only. It was named complainant that on 03.12.2023, she was unknown persons through WhatsApp, which was later According to complainant, the accused represen representatives of a genuine company and induced her to perform online tasks by promising substantial returns. As per complainant, a small amount, to gain her confidence, they suaded her to transfer money through multiple transactions on the pretext ed her of Rs.23.65 lacs during It is the case of the prosecution that pursuant to atement, formal FIR of this case was lodged and the prosecution, during the course of the petitioner was arrayed as an accused, and it was found that he was the beneficiary of one of the bank accounts, in which the defrauded The learned State Counsel has filed custody certificate of the Bharatiya Nyaya Sanhita, 2023, hereinafter being referred to as ‘BNS’, at the instance of ‘Rashmi Tripathi’, hereinafter being referred to as ‘complainant’ only. It was on 03.12.2023, she was later on nted representatives of a genuine company and induced her to perform online tasks by promising substantial returns. As per complainant, to gain her confidence, they suaded her to transfer money through multiple transactions on the pretext the pursuant to atement, formal FIR of this case was lodged and the during the course of the petitioner was arrayed as an accused, and it was found that he was the beneficiary of one of the bank accounts, in which the defrauded The learned State Counsel has filed custody certificate of the GAURAV THAKUR 2026.07.13 18:42 I attest to the accuracy and integrity of this document 6. the petitioner is innocent, who has been without looking into the fact that there was no deliberate act the petitioner to cause any loss to the complainant/anybody else. It has also been contended by learned counsel for the petitioner that the petitioner has not received the pr through the bank account of the petitioner, it has already been taken away by the prime accused. 7. counsel for the petitioner that the benefit to similarly placed co Court of Judicial Magistrate. As per learned counsel for the petitioner, the petitioner has clean antecedents incarceration for a period of more than ten months. 8. for the complainant, ha been contended by parity the petitioner is not entitled to the benefit of bail, as the benefit of bail was accorded to co complainant. According to learned counsel for the complainant, the petitioner has not refunded fraudulent means, and that of crime is proved from the fact that he 9. CRM-M-19037-2026 (O&M) 3 It has been contended by learned counsel for the petitioner that the petitioner is innocent, who has been fa without looking into the fact that there was no deliberate act the petitioner to cause any loss to the complainant/anybody else. It has also been contended by learned counsel for the petitioner that the petitioner has not received the proceed of crime, and that whatever money was routed through the bank account of the petitioner, it has already been taken away by the prime accused. In addition to above, it has also been contended by learned counsel for the petitioner that the benefit to similarly placed co-accused, and that the present case is triable by the Court of Judicial Magistrate. As per learned counsel for the petitioner, the petitioner has clean antecedents, and that he has already suffered ncarceration for a period of more than ten months. The learned State Counsel, being assisted by learned counsel for the complainant, has controverted the abovementioned arguments. been contended by learned counsel for the complainant the petitioner is not entitled to the benefit of bail, as the benefit of bail was accorded to co-accused, who had returned the money to the complainant. According to learned counsel for the complainant, the petitioner has not refunded the money, which was received through fraudulent means, and that involvement of of crime is proved from the fact that he re The learned counsel for the complainant whil (O&M) 3 It has been contended by learned counsel for the petitioner that alsely implicated in the present case without looking into the fact that there was no deliberate act on the part of the petitioner to cause any loss to the complainant/anybody else. It has also been contended by learned counsel for the petitioner that the petitioner has , and that whatever money was routed through the bank account of the petitioner, it has already been taken away by In addition to above, it has also been contended by learned counsel for the petitioner that the benefit of bail has already been accorded accused, and that the present case is triable by the Court of Judicial Magistrate. As per learned counsel for the petitioner, the , and that he has already suffered ncarceration for a period of more than ten months. , being assisted by learned counsel controverted the abovementioned arguments. It has counsel for the complainant that on the ground of the petitioner is not entitled to the benefit of bail, as the benefit of bail accused, who had returned the money to the complainant. According to learned counsel for the complainant, the the money, which was received through involvement of the petitioner in the commission eceived money in his bank accou The learned counsel for the complainant while referring to the It has been contended by learned counsel for the petitioner that implicated in the present case on the part of the petitioner to cause any loss to the complainant/anybody else. It has also been contended by learned counsel for the petitioner that the petitioner has , and that whatever money was routed through the bank account of the petitioner, it has already been taken away by In addition to above, it has also been contended by learned of bail has already been accorded accused, and that the present case is triable by the Court of Judicial Magistrate. As per learned counsel for the petitioner, the , and that he has already suffered , being assisted by learned counsel It has the ground of the petitioner is not entitled to the benefit of bail, as the benefit of bail accused, who had returned the money to the complainant. According to learned counsel for the complainant, the the money, which was received through petitioner in the commission unt. e referring to the GAURAV THAKUR 2026.07.13 18:42 I attest to the accuracy and integrity of this document principles of law laid down by the Hon’ble Supreme Court of India in the case of ‘Sakir V/s State of Haryana’ 2025 NCPHHC 119918, that the instant case is a cyber not entitled counsel for the complainant has this Court in the cases of ‘Sanjay @Sanju V/s State of Haryana’ CRM 71214-2025 10. 11. very specific and categorical allegation proceed of crime received a sum of Rs. abovementioned amount was withdrawn or transferred to some other account. T link between 12. committed by the petitioner was having an option to enter int the compromise has not taken place between the present petitioner and complainant, it is hereby held that on the ground of parity not entitled to the benefit of bail. 13. offence, which has a very negative impact on the credibility of related to CRM-M-19037-2026 (O&M) 4 principles of law laid down by the Hon’ble Supreme Court of India in the case of ‘Sakir V/s State of Haryana’ 2025 NCPHHC 119918, that the instant case is a cyber crime matter not entitled to the benefit of bail. In support of his arguments, the learned counsel for the complainant has also referred to the observations recorded by this Court in the cases of ‘Sanjay @Sanju V/s State of Haryana’ CRM 2025 and ‘Akshay Guru V/s State of Haryan The record has been perused carefully. A perusal of record shows that in the present case, very specific and categorical allegations against the petitioner that proceed of crime had been routed through his bank account. The petitioner received a sum of Rs.13 lacs in his account and abovementioned amount was withdrawn or transferred to some other The receipt of money in the accou link between him and the commission of crime. Here this fact cannot be ignored committed by the petitioner is compoundable and therefore, the complainant was having an option to enter into compromise the compromise has not taken place between the present petitioner and complainant, it is hereby held that on the ground of parity not entitled to the benefit of bail. The instant case is a case of cyber fraud and cyber fraud is a offence, which has a very negative impact on the credibility of digital transaction. On account of repeated cyber frauds, there is a (O&M) 4 principles of law laid down by the Hon’ble Supreme Court of India in the case of ‘Sakir V/s State of Haryana’ 2025 NCPHHC 119918, has contended matter, and therefore, the petitioner is to the benefit of bail. In support of his arguments, the learned referred to the observations recorded by this Court in the cases of ‘Sanjay @Sanju V/s State of Haryana’ CRM- and ‘Akshay Guru V/s State of Haryana’ CRM-M-43266-2025 The record has been perused carefully. A perusal of record shows that in the present case, there are s against the petitioner that a part of routed through his bank account. The petitioner in his account and thereafter, either the abovementioned amount was withdrawn or transferred to some other he receipt of money in the account of petitioner establishes direct and the commission of crime. Here this fact cannot be ignored that the offence allegedly is compoundable and therefore, the complainant o compromise with the co-accused. Since the compromise has not taken place between the present petitioner and complainant, it is hereby held that on the ground of parity, the petitioner is of cyber fraud and cyber fraud is a offence, which has a very negative impact on the credibility of syst digital transaction. On account of repeated cyber frauds, there is a principles of law laid down by the Hon’ble Supreme Court of India in the has contended , and therefore, the petitioner is to the benefit of bail. In support of his arguments, the learned referred to the observations recorded by -M- 2025. there are a part of routed through his bank account. The petitioner , either the abovementioned amount was withdrawn or transferred to some other nt of petitioner establishes direct the offence allegedly is compoundable and therefore, the complainant accused. Since the compromise has not taken place between the present petitioner and the , the petitioner is of cyber fraud and cyber fraud is an tem digital transaction. On account of repeated cyber frauds, there is a GAURAV THAKUR 2026.07.13 18:42 I attest to the accuracy and integrity of this document sense of insecurity may be t impacting the 14. abovementioned factors, it is hereby held that the petit the benefit of bail. 15. that being devoid of merit the same is hereby 16. shall not have any 17. disposed of, accordingly. 13.07.202 Gaurav Thakur CRM-M-19037-2026 (O&M) 5 sense of insecurity in the mind of comm taken away by the fraudsters. impacting the digital transaction of money Taking into consideration the cumulative effect of all the abovementioned factors, it is hereby held that the petit the benefit of bail. As a sequel to abovementioned observations, it is hereby held being devoid of merit, the present petition is hereby dismissed, accordingly However, it is clarified that the abovementioned observations shall not have any bearing upon the merits of the case. Pending miscellaneous application(s), if any, also stand(s) disposed of, accordingly. 2026 Gaurav Thakur Whether speaking / reasoned Whether Reportable (O&M) 5 mon man, as his hard-earned money This negative impact is seriously y in the country. Taking into consideration the cumulative effect of all the abovementioned factors, it is hereby held that the petitioner is not entitled As a sequel to abovementioned observations, it is hereby held the present petition deserves dismissal. Hence, , accordingly. clarified that the abovementioned observations bearing upon the merits of the case. Pending miscellaneous application(s), if any, also stand(s) (SURYA PARTAP SINGH) JUDGE Whether speaking / reasoned Yes/No Yes/No earned money negative impact is seriously Taking into consideration the cumulative effect of all the ioner is not entitled to As a sequel to abovementioned observations, it is hereby held Hence, clarified that the abovementioned observations Pending miscellaneous application(s), if any, also stand(s) ) GAURAV THAKUR 2026.07.13 18:42 I attest to the accuracy and integrity of this document