CRM-M-29727-2026 1 224 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-29727-2026 Date of Decision: 14.07.2026 VIREN KUMAR ...Petitioner Vs. STATE OF HARYANA ...Respondent CORAM:- HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present: Ms. Monika Beriwal, Advocate for the petitioner. Mr. Karan Veer Singh, Senior DAG, Haryana. VIRINDER AGGARWAL , J. (Oral) 1. The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/Section 439 of the Code of Criminal Procedure, 1973, seeking the grant of regular bail to the petitioner, pending trial, in FIR No. 11 dated 03.04.2026, registered at Police Station Cyber, Jhajjar, District Jhajjar, Haryana, under Sections 318(4) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 420 and 120-B of the Indian Penal Code, 1860). 2. As per the prosecution, the present FIR was registered on the complaint of Monu, who alleged that he received a friend request on Facebook from a woman identifying herself as "Priyanka Kaur". Thereafter, she induced him to invest money in an online trading platform, namely mdh699.com, by promising substantial returns. It is alleged that after initially allowing the complainant to withdraw a small amount along with the profit so as to gain his confidence, the accused persons persuaded him to make further investments and added him to a WhatsApp group where trading-related information and KUMUD VERMA 2026.07.14 17:54 I attest to the accuracy and integrity of this document Chandigarh CRM-M-29727-2026 2 purported profits were shared. Believing their representations, the complainant allegedly transferred an amount of ₹ 2,37,40,792/- through multiple transactions into different bank accounts provided by the accused persons. Subsequently, when the complainant attempted to withdraw the amount shown in his trading account, he was asked to deposit additional money and, upon his refusal, all communication with him ceased. Suspecting that he had been cheated, the complainant lodged the present complaint, on the basis of which present FIR had been registered. During the course of investigation, the investigating agency allegedly traced the money trail and other electronic evidence, leading to the implication of the present petitioner, who was arrested on 20.04.2026. The investigation is stated to be continuing. 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and is innocent. It is contended that the petitioner is not named in the FIR, which was initially registered against unknown persons, and no specific role has been attributed to him in the commission of the alleged offence. It is further submitted that neither the mobile numbers, SIM cards, Facebook account nor the beneficiary bank accounts allegedly used in the commission of the offence belong to the petitioner. Learned counsel further submits that no recovery has been effected from the petitioner and no custodial interrogation is required. 3.1 Learned counsel for the petitioner further argued that the prosecution case against the petitioner is founded merely on a disclosure statement, which, in the absence of any independent corroborative evidence, carries little evidentiary value. Reliance is placed upon the judgment of the Hon'ble Supreme Court in Tofan Singh v. State of Tamil Nadu in support of the KUMUD VERMA 2026.07.14 17:54 I attest to the accuracy and integrity of this document Chandigarh CRM-M-29727-2026 3 said contention. It is further submitted that the petitioner has been in judicial custody since 20.04.2026, the offences are triable by the learned Magistrate, the trial is likely to take considerable time to conclude, and no useful purpose would be served by keeping the petitioner incarcerated during the pendency of the trial. Learned counsel also submits that the petitioner is a permanent resident, has deep roots in society, is not involved in any other criminal case, and undertakes to abide by all such conditions as may be imposed by this Court while granting the concession of regular bail. 4. Notice of motion. 5. Mr. Karan Veer Singh, Senior DAG, Haryana, has put in appearance on behalf of the respondent-State and has filed the custody certificate dated 13.07.2026, which is taken on record, subject to all just exceptions. As per the custody certificate, the petitioner has already undergone a total custody period of 02 months and 19 days. 6. Learned State counsel opposes the prayer for grant of regular bail and submits that the petitioner is an active participant in a well-organised ₹ cyber fraud involving a substantial amount of 2,37,40,792/-. It is submitted ₹ that during investigation, it was revealed that an amount of 90,441/- was transferred into the bank account of co-accused Chirag Mehra, who, in his disclosure statement, disclosed that he had handed over the said bank account, along with the ATM card and SIM card linked thereto, to the present petitioner ₹ for a consideration of 5,000/-. 6.1 Learned State counsel further submits that the petitioner, in turn, passed on the said bank account and connected instruments to other co- ₹ accused involved in the cyber fraud in lieu of 35,000/-. It is contended that, KUMUD VERMA 2026.07.14 17:54 I attest to the accuracy and integrity of this document Chandigarh CRM-M-29727-2026 4 acting on the disclosure statement of the petitioner, raids were conducted to apprehend the other accused persons, who are still absconding. It is further submitted that the investigation had established the petitioner's role in facilitating the operation of mule bank accounts used for siphoning off the cheated amount. Learned State counsel thus argues that, considering the gravity of the offence and the active role attributed to the petitioner, he does not deserve the concession of regular bail. 7. Be that as it may, considering the facts and circumstances of the present case, this Court finds that the petitioner has made out a case for grant of the concession of regular bail as the petitioner is not named in the FIR and his implication has arisen during the course of investigation primarily on the basis of the disclosure statement of the co-accused. It is also a matter of record that no recovery has been effected from the petitioner. The role attributed to the petitioner is sought to be established on the basis of the alleged disclosure statements, the evidentiary value and admissibility of which would be a matter to be considered during the course of trial. Further, the investigation in the present case stands completed, the final report has already been presented before the learned Trial Court, charges have been framed, and the petitioner is no longer required for any custodial interrogation. The petitioner has been in custody since 20.04.2026 and has undergone substantial period of incarceration. There are 10 prosecution witnesses cited in the present case, out of which none has been examined till date, and therefore, the conclusion of trial is likely to take considerable time. The continued incarceration of the petitioner, when the trial is yet to progress, would not serve any meaningful purpose. KUMUD VERMA 2026.07.14 17:54 I attest to the accuracy and integrity of this document Chandigarh CRM-M-29727-2026 5 8. Reliance is placed upon the judgment of the Hon’ble Apex Court in Dataram Singh v. State of Uttar Pradesh & Another, 2018 (2) R.C.R. (Criminal) 131, wherein it has been held that grant of bail is the rule and refusal thereof is an exception, and that a person is presumed to be innocent until proven guilty. It is further submitted that the right to speedy trial forms an integral part of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India, and the same has been consistently recognised by the Hon’ble Supreme Court, including in Balwinder Singh v. State of Punjab & Another (SLO (Crl.) No. 8523/2024). In these circumstances, continued incarceration of the petitioner would serve no useful purpose, particularly when the trial can be effectively safeguarded by imposing appropriate conditions. 9. Accordingly, the present petition is allowed, and the petitioner is ordered to be admitted on regular bail, subject to furnishing requisite bail and surety bonds to the satisfaction of the learned Chief Judicial Magistrate concerned/Illaqa Magistrate/Duty Magistrate, as the case may be, and further subject to the following conditions:- 1. The petitioner shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts and circumstances of the case so as to dissuade such person from disclosing such facts before the Court or to the investigating agency. 2. The petitioner shall not tamper with the prosecution evidence in any manner whatsoever, nor shall attempt, directly or indirectly, to influence, intimidate, or contact any prosecution witness. 3. The petitioner shall not leave the territorial limits of India without obtaining the prior permission of the learned Trial Court. In the event he is in possession of a passport, he shall furnish its particulars before the Investigating Officer as well as the learned Trial Court. KUMUD VERMA 2026.07.14 17:54 I attest to the accuracy and integrity of this document Chandigarh CRM-M-29727-2026 6 4. The learned Illaqa Magistrate/Duty Magistrate, before accepting the bail and surety bonds, shall obtain from the petitioner his permanent residential address as well as present correspondence address, duly supported by appropriate documentary proof. The Investigating Officer shall verify the correctness of the said addresses within 48 hours from the acceptance of the bail bonds and shall place a verification report on the record. In the event either of the addresses is found to be false, fictitious, or incorrect, it shall be open to the prosecution to seek cancellation of the concession of bail in accordance with law. 5. The petitioner shall furnish before the learned Trial Court, either at the time of furnishing the bail bonds or within such period as may be specified by the Court, Permanent Account Number (PAN), Aadhaar Number, particulars of all operative bank accounts, and a declaration disclosing details of immovable properties, if any. Any concealment of material particulars or furnishing of false information shall constitute a valid ground for seeking cancellation of bail in accordance with law. 6. The petitioner shall intimate the Investigating Officer as well as the learned Trial Court, in writing, of any change in residential address or mobile number within seven days from the date of such change. 7. The petitioner shall not commit any offence of a similar nature during the pendency of the trial and shall remain present before the learned Trial Court on each and every date fixed, unless his personal appearance is exempted in accordance with law. He shall not absent himself from the proceedings without obtaining prior permission of the learned Trial Court. In the event of any violation of the aforesaid conditions or his unauthorized absence from the trial proceedings, it shall be open to the learned Trial Court to proceed in accordance with law, including cancellation of the concession of regular bail and issuance of appropriate coercive process, including warrants of arrest. (VIRINDER AGGARWAL) JUDGE 14.07.2026 kv Whether speaking/reasoned : Yes/No Whether reportable : Yes/No KUMUD VERMA 2026.07.14 17:54 I attest to the accuracy and integrity of this document Chandigarh