CRM-M-26249-2026 1 205 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-26249-2026 Date of Decision: 17.07.2026 ANSHU YADAV ...Petitioner Vs. STATE OF HARYANA ...Respondent CORAM:- HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present: Mr. Maneesh Bali, Advocate for the petitioner. VIRINDER AGGARWAL , J. (Oral) 1. The present second petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 Cr.P.C.), seeking grant of regular bail to the petitioner in FIR No. 160 dated 22.10.2025, registered under Sections 318(4) and 61 of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 420 and 120-B of the Indian Penal Code, 1860), at Police Station Cyber Crime, District Karnal, Haryana, during the pendency of trial. 2. As per the prosecution case, FIR No. 160 dated 22.10.2025 was registered at Police Station Cyber Crime, District Karnal, under Sections 318(4) and 61 of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 420 and 120-B IPC), on the complaint of Ram Kumar Gupta. It is alleged that the complainant received a WhatsApp call from an unknown number wherein the caller impersonated himself as his relative Pankaj, who was residing abroad, and induced him on the pretext of transferring money for a medical emergency. Believing the said representation, the complainant ₹ transferred an amount of approximately 7,99,000/- into the bank accounts provided by the accused persons. Later, it was found that no such transaction KUMUD VERMA 2026.07.17 18:04 I attest to the accuracy and integrity of this document Chandigarh CRM-M-26249-2026 2 was initiated by Pankaj and the complainant was cheated. During investigation, the police traced the bank accounts and transactions involved in the alleged fraud. The petitioner was found connected with one of the bank accounts used in the transaction and was arrested. After completion of investigation, challan against the petitioner was presented before the learned Trial Court, whereas arrest of co-accused Arshad is stated to be pending. 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and is himself a victim of the alleged fraud. It is contended that the petitioner is a poor person working as a waiter in marriage functions and his bank account was misused by co-accused Arshad, who had taken control of his account and ATM on the pretext of providing financial assistance for his mother's treatment. Learned counsel further submits that the actual fraud was committed by other persons and the petitioner has merely been made a scapegoat. It is argued that the investigation has revealed that the IP addresses involved in the crime belong to Pakistan and other accused persons, including Arshad, have not been arrested. It is further submitted that the investigation qua the petitioner is complete, challan has been presented, charges have already been framed and none of the prosecution witnesses have been examined so far. The petitioner is in custody since 10.11.2025 and the trial is likely to take considerable time. Learned counsel also submits that the complainant had appeared before the learned Trial Court and stated that he had no objection to the grant of bail to the petitioner as the matter had been compromised. He further submits that petitioner filed CRM- M-9606-2026 earlier for grant of regular bail but the same was withdrawn with liberty to file fresh with better particulars. KUMUD VERMA 2026.07.17 18:04 I attest to the accuracy and integrity of this document Chandigarh CRM-M-26249-2026 3 4. Notice of motion. 5. Mr. Tanuj Sharma, learned Assistant Advocate General, Haryana, has put in appearance on behalf of the respondent-State and opposes the prayer for grant of regular bail and submits that the allegations against the petitioner are serious in nature as the present case relates to a cyber fraud ₹ involving an amount of approximately 7,99,000/-. It is contended that the bank account of the petitioner was used for receiving the cheated amount and the petitioner is directly connected with the commission of the offence. Learned State counsel submits that the petitioner cannot claim innocence merely on the ground that his account was allegedly misused. It is further submitted that the investigation is still pending qua co-accused Arshad and the petitioner may influence the course of trial or investigation if released on bail. Accordingly, dismissal of the present petition is prayed for. 6. Be that as it may, considering the custody period already undergone by the petitioner, i.e. since 10.11.2025, and the fact that the investigation in the present case stands completed qua the petitioner, challan has already been presented before the learned Trial Court, charges have been framed and none of the prosecution witnesses have been examined so far, it is evident that the trial is likely to take considerable time to reach its conclusion. It is also relevant to notice that as per prosecution case, the alleged fraud was committed by various persons and the investigation is stated to be pending qua co-accused Arshad, who is alleged to be the main person involved in operating the bank account and handling the transactions. The petitioner is stated to have been implicated on account of the alleged misuse of his bank account, and the extent of his involvement is a matter to be adjudicated during the course of KUMUD VERMA 2026.07.17 18:04 I attest to the accuracy and integrity of this document Chandigarh CRM-M-26249-2026 4 trial. The petitioner is no longer required for any custodial interrogation. Keeping in view the aforesaid circumstances and without expressing any opinion on the merits of the case, this Court finds it appropriate to extend the concession of regular bail to the petitioner during the pendency of trial. 7. 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. 8. Accordingly, the present petition is allowed and the petitioner is ordered to be released on regular bail during the pendency of trial, subject to his furnishing requisite bail and surety bonds to the satisfaction of the learned Trial Court/Chief Judicial Magistrate concerned/Illaqa Magistrate/Duty Magistrate, as the case may be. The sureties furnished by the petitioner shall furnish the declaration as required under Section 486 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which reads as under:- "Every person standing surety to an accused person for his release on bail shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars." KUMUD VERMA 2026.07.17 18:04 I attest to the accuracy and integrity of this document Chandigarh CRM-M-26249-2026 5 The petitioner shall also abide by 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. 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. KUMUD VERMA 2026.07.17 18:04 I attest to the accuracy and integrity of this document Chandigarh CRM-M-26249-2026 6 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 17.07.2026 kv Whether speaking/reasoned : Yes/No Whether reportable : Yes/No KUMUD VERMA 2026.07.17 18:04 I attest to the accuracy and integrity of this document Chandigarh