IN THE HIGH COURT OF PUNJAB & HARYANA AT 232 Lovely State of Haryana [ CORAM: Present : SURYA PARTAP SINGH petitioner. The same be taken on record. 2. under Section 483 of been filed under Sections hereinafter being referred to as ‘BNS’ 20, Panchkula 3. ‘Nirmal Sharma’ stated by the above a call on WhatsApp from an unknown person. Acc caller identified himself as CBI official, who told her that her CRM-M-22700-2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH VERSUS Haryana CORAM: HON’BLE MR. JUSTICE SURYA PARTAP SINGH Mr. C.M. Munjal, Advocate f Ms. Deepali Verma, Asst. A.G. Haryana ***** SURYA PARTAP SINGH, J. The learned State Counsel has filed custody certificate of the petitioner. The same be taken on record. This petition for bail is the first under Section 483 of ‘the Bharatiya Nagarik Suraksha Sanhita een filed with regard to a case arising out of under Sections 316(2), 318(4), 61(2) of hereinafter being referred to as ‘BNS’, Police Station 20, Panchkula. The abovementioned FIR came into being Nirmal Sharma’, hereinafter being referred to as ‘complainant’ only. It was stated by the above-named complainant that a call on WhatsApp from an unknown person. Acc caller identified himself as CBI official, who told her that her 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-22700-2026 (O&M) Date of decision : 21.07.2026 ..... Petitioner VERSUS ..... Respondent SURYA PARTAP SINGH , Advocate for the petitioner. Ms. Deepali Verma, Asst. A.G. Haryana. ***** The learned State Counsel has filed custody certificate of the first petition, filed by the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023’. It case arising out of FIR No.154 dated 27.12.2025 of Bharatiya Nyaya Sanhita, 2023, , Police Station Cyber Crime, Sector The abovementioned FIR came into being at the instance of , hereinafter being referred to as ‘complainant’ only. It was named complainant that on 07.11.2025, she had received a call on WhatsApp from an unknown person. According to complainant, the caller identified himself as CBI official, who told her that her (O&M) .2026 The learned State Counsel has filed custody certificate of the petitioner has 27.12.2025, Bharatiya Nyaya Sanhita, 2023, Sector- at the instance of , hereinafter being referred to as ‘complainant’ only. It was on 07.11.2025, she had received ording to complainant, the caller identified himself as CBI official, who told her that her GAURAV THAKUR 2026.07.22 16:42 I attest to the accuracy and integrity of this document (complainant’s) Aadhaar Card had been illegally used for opening multiple bank accounts connected with large was kept under d Rs.17,50,000/ that later on she found that it was a fraud. Hence the complaint. 4. statement, formal FIR of this case was lodged and the 5. 6. the petitioner is innocent, who has been falsely implicated in the pres case, and that he has already suffered incarceration for a period of more than six months in a case, which is triable by the Court of Judicial Magistrate. According to the petitioner th whatsoever, and that merely on the basis of disclosure statement of co accused, the petitioner has been implicated in the present case. It has also been contended by case is already complete and nothing has been left to be recovered possession of petitioner. 7. abovementioned arguments that the petitioner is a person, who involved in digital arrest and then illegal extortion of money. According to CRM-M-22700-2026 (O&M) 2 (complainant’s) Aadhaar Card had been illegally used for opening multiple bank accounts connected with large-scale forgery. As per complainant, she was kept under digital arrest and due to threat & duress, she Rs.17,50,000/- on the instructions of callers that later on she found that it was a fraud. Hence the complaint. It is the case of the prosecution that statement, formal FIR of this case was lodged and the Heard. It has been contended by learned the petitioner is innocent, who has been falsely implicated in the pres case, and that he has already suffered incarceration for a period of more than six months in a case, which is triable by the Court of Judicial Magistrate. According to learned counsel for the petitioner the petitioner that he was responsible for extorti whatsoever, and that merely on the basis of disclosure statement of co accused, the petitioner has been implicated in the present case. It has also been contended by learned counsel for the case is already complete and nothing has been left to be recovered possession of petitioner. The learned State Counsel has controverted the abovementioned arguments. It has been contended by learned State that the petitioner is a person, who acted involved in digital arrest and then illegal extortion of money. According to 2 (complainant’s) Aadhaar Card had been illegally used for opening multiple scale forgery. As per complainant, she igital arrest and due to threat & duress, she paid on the instructions of callers. The complainant further alleged that later on she found that it was a fraud. Hence the complaint. It is the case of the prosecution that in view of abovementioned statement, formal FIR of this case was lodged and the investigation taken up It has been contended by learned counsel for the petitioner that the petitioner is innocent, who has been falsely implicated in the pres case, and that he has already suffered incarceration for a period of more than six months in a case, which is triable by the Court of Judicial Magistrate. learned counsel for the petitioner, there is no allegation against at he was responsible for extortion of money in any manner, whatsoever, and that merely on the basis of disclosure statement of co accused, the petitioner has been implicated in the present case. It has also learned counsel for the petitioner that investigation in this case is already complete and nothing has been left to be recovered from the The learned State Counsel has controverted the . It has been contended by learned State Counsel acted a key member of the group involved in digital arrest and then illegal extortion of money. According to (complainant’s) Aadhaar Card had been illegally used for opening multiple scale forgery. As per complainant, she paid . The complainant further alleged in view of abovementioned investigation taken up. counsel for the petitioner that the petitioner is innocent, who has been falsely implicated in the present case, and that he has already suffered incarceration for a period of more than six months in a case, which is triable by the Court of Judicial Magistrate. , there is no allegation against money in any manner, whatsoever, and that merely on the basis of disclosure statement of co- accused, the petitioner has been implicated in the present case. It has also that investigation in this from the The learned State Counsel has controverted the Counsel a key member of the group involved in digital arrest and then illegal extortion of money. According to GAURAV THAKUR 2026.07.22 16:42 I attest to the accuracy and integrity of this document learned State Counsel, in fact ‘Sugreev’, was used in the mobile ph abovementioned SIM card was linked proceeds of crime was transferred as a second layer the petitioner bank, but qua abovementioned 8. 9. the relevant factors which are required to be taken into consideration for a decision:- CRM-M-22700-2026 (O&M) 3 learned State Counsel, in fact the SIM card of co ‘Sugreev’, was used in the mobile phone of the petitioner, and that abovementioned SIM card was linked with proceeds of crime was transferred, while as a second layer account. It has also been contended by the petitioner that in fact the petitioner had also withdrawn money from the bank, but qua abovementioned event, CCTV footage The record has been perused carefully. A perusal of record shows that in the present case, the relevant factors which are required to be taken into consideration for a - i. that the present case is a case pertaining to ii. that this plea of the petitioner on the face of it seems to be false that he has no nexus, whatsoever, with the commission of crime. The use of SIM card, which was linked to a bank account, wherein a part of proceeds of crime landed, in itself shows that alien to the controversy iii. that the offence allegedly committed by the petitioner is an offence, which comes ‘financial/cyber fraud’ in the present case; and iv. that the total custody period of incarceration of petitioner is barely six months, which by any standard cannot be treated to be a period of prolonged incarceration, a presumption that right of speedy trial of the petitioner has been violated; 3 SIM card of co-accused, namely one of the petitioner, and that with a bank account, wherein a part of using the abovementioned account . It has also been contended by learned counsel that in fact the petitioner had also withdrawn money from the , CCTV footage could not be collected The record has been perused carefully. A perusal of record shows that in the present case, following are the relevant factors which are required to be taken into consideration for a the present case is a case pertaining to cyber-fraud; that this plea of the petitioner on the face of it seems to be false that he has no nexus, whatsoever, with the commission of crime. The use of SIM card, which was linked to a bank account, wherein a part of proceeds of crime landed, in itself shows that the petitioner is not alien to the controversy in question; allegedly committed by the petitioner is , which comes within the ambit of fraud’. Thus, strict view should be taken and tal custody period of incarceration of petitioner is barely six months, which by any standard cannot be to be a period of prolonged incarceration, inviting a presumption that right of speedy trial of the petitioner accused, namely one of the petitioner, and that the a bank account, wherein a part of using the abovementioned account for that in fact the petitioner had also withdrawn money from the could not be collected. following are the relevant factors which are required to be taken into consideration for a fraud; that this plea of the petitioner on the face of it seems to be false that he has no nexus, whatsoever, with the commission of crime. The use of SIM card, which was linked to a bank account, wherein a part of proceeds of he petitioner is not allegedly committed by the petitioner is within the ambit of strict view should be taken tal custody period of incarceration of petitioner is barely six months, which by any standard cannot be inviting a presumption that right of speedy trial of the petitioner GAURAV THAKUR 2026.07.22 16:42 I attest to the accuracy and integrity of this document 10. abovementioned factors, but without commenting anything on the merits of the case, deserves dismissal. Hence, the same is hereby 11. shall not have any 12. disposed of, accordingly. 21.07.202 Gaurav Thakur CRM-M-22700-2026 (O&M) 4 Taking into consideration the cumulative effect of all the abovementioned factors, but without commenting anything on the merits of the case, it is hereby held that the present petition is devoid of merit and dismissal. Hence, the same is hereby However, it is clarified that the abovementioned observations shall not have any bearing on 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 4 Taking into consideration the cumulative effect of all the abovementioned factors, but without commenting anything on the merits of the present petition is devoid of merit and dismissal. Hence, the same is hereby dismissed, accordingly. it is clarified that the abovementioned observations on 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 Taking into consideration the cumulative effect of all the abovementioned factors, but without commenting anything on the merits of the present petition is devoid of merit and it is clarified that the abovementioned observations Pending miscellaneous application(s), if any, also stand(s) ) GAURAV THAKUR 2026.07.22 16:42 I attest to the accuracy and integrity of this document