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2026 DAILYLAW 3602 (PNJ)

AJAY AND ANOTHER v. STATE OF PUNJAB

CRM-M/8183/2026 · 2026-03-10

Manisha Batra

body2026

Judgment text

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CRM-M-8183-20 IN THE H (207) AJAY AND ANO STATE OF PUNJ CORAM: HON Present: Mr. Ms. S MANISHA BATR 1. The Section 483 of Bh for grant of regul registered under S “BNS”) and Secti Nagar, Mohali. 2. As p information, a Pol Floor, Coin Home present there. Th 2026 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH  ANOTHER Versus PUNJAB HON'BLE MRS. JUSTICE MANIS Amandeep Singh Sidhu, Advocat Ms. Sakshi Bakshi, AAG, Punjab ****  BATRA, J. (ORAL) The instant petition has been prefe of Bharatiya Nagarik Suraksha Sanh regular bail in case arising out of nder Section 318(4) of Bharatiya Ny Section 66 of IT Act at Police Statio As per the allegations, on 17.07.2 , a Police party headed by SI Ankit re Homes, Gilco Valley, Kharar and app e. The petitioner No.1 (Ajay) was am JAB AND HARYANA AT ARH CRM-M-8183-2026 (O&M) Date of decision : 10.03.2026 ... Petitioners ...Respondent ANISHA BATRA  dvocate for the petitioners preferred by the petitioners under a Sanhita, 2023 (for short “BNSS”) ut of FIR No.35 dated 17.07.2025 iya Nyaya Sanhita, 2023 (for short Station Cyber Crime, District SAS 7.07.2025, on receipt of a secret nkit reached at Flat No.2548-B, First nd apprehended 04 youths who were was amongst them. They disclosed M) 2026 s dent nder ) 2025 short SAS ecret First were losed AMIT SHARMA 2026.03.11 10:17 I attest to the accuracy and integrity of this order/judgment. CRM-M-8183-20 their names and p was also raided in (Manjeet Singh) a Singh and Nikhil disclosed that they persons through in misleading them i been committing o other articles used Recovery of 21 A of Rs.20,000/- wa ATM cards and 0 petitioner No.2, from the other acc 3. It is been falsely impli them. They are investigation. Th offences are triab detaining them in be extended benef 4. Per c report has argued 2026 (O&M) 2 and particulars. Thereafter, another ided in pursuance of the secret inform ngh) alongwith 03 more persons nam Nikhil Kumar were apprehended from at they had been using their laptops, ugh internet by offering temptation o them into online games. They had bee itting online frauds. They also got reco s used by them for commission of f 21 ATM cards, 07 mobile phones of was effected at the instance of th and 06 mobile phones of different ma which was taken into possessio er accused also. Investigation now sta It is argued by learned counsel for implicated in this case. False recov y are in custody since long. They n. The trial will take considerable ti e triable by Magistrate. No useful em in custody anymore. It is, therefo benefit of bail. Per contra, learned State counsel w argued that there are serious allega other flat No.006, Royal Apartment information and the petitioner No.2 s namely Vaibhav Kumar, Gurpreet d from the same. On asking, they ptops, cellphones to allure innocent tion of earning more money and by ad been using AllPanel app and had ot recovered laptops, cellphones and on of the aforementioned offences. nes of different make and an amount of the petitioner No.1, whereas 16 ent make were got recovered by the ssession. Recoveries were effected ow stands concluded. el for the petitioners that they have recoveries have been planted upon They are not required for further able time to conclude. The subject seful purpose would be served by herefore, argued that they deserve to nsel while relying upon the status allegations against the petitioners. ment No.2 preet they cent d by had s and nces. ount 16 y the ected have upon rther bject d by ve to tatus ners. AMIT SHARMA 2026.03.11 10:17 I attest to the accuracy and integrity of this order/judgment. CRM-M-8183-20 Recovery of huge effected at their i been sent for for petitioners were p petitioners’ absco bail. It is, therefo bail. 5. This C for the parties at co 7. The p by using different cards and mobile However, at this cell phones and A any cyber crime Investigation stand so far and therefor conclude. Though of aforementione continued incarcer served by detain consideration the case, this Court is 2026 (O&M) 3 f huge quantity of ATM cards, cell their instance. The electronic device or forensic analysis. The recovery were part of an organized financial absconding or committing similar of therefore, argued that they do not des This Court has heard the rival submis at considerable length. The petitioners are alleged to have b fferent ATM cards and mobile phone obile phones have been separately t this stage, there is no material on rec and ATM cards have been used by t crime or digital fraud. The fore n stands concluded. However, even c herefore, it is apparent that the trial w hough the allegations, prima facie ma ntioned offences against the petitio carceration since 17.07.2025. As suc detaining the petitioners in custo n the above discussed facts and the urt is of the considered opinion that fu , cell phones and money has been devices recovered from them have overy as such pointed out that the ncial fraud. There are chances of ilar offences, if extended benefit of ot deserve to be extended benefit of ubmissions made by learned counsel have been committing online frauds phones. Recoveries of some ATM rately effected from the petitioners. on record to show that the recovered d by the petitioners’ for committing e forensic report is still awaited. even charges have not been framed trial would take considerable time to cie make out a case for commission petitioners, however, they are in s such no fruitful purpose would be custody anymore. Taking into d the circumstances peculiar to the that further pre-trial incarceration of been have t the es of fit of fit of unsel auds TM ners. ered itting ited. med e to ssion e in ld be o o the on of AMIT SHARMA 2026.03.11 10:17 I attest to the accuracy and integrity of this order/judgment. CRM-M-8183-20 the petitioners wou of law that pre sentencing. As su Accordingly, the released on bail s the extent of 02 s Court/CJM/Duty M (i) any the any (ii) circ (iii of h (iv) as tim wit (v) Car num bon 2026 (O&M) 4 rs would not serve any useful purpose pre-trial incarceration should not b As such the petitioners have made o , the petition is allowed and the p bail subject to their furnishing person f 02 sureties of each like amount to t Duty Magistrate concerned and on the (i) The petitioners shall no any inducement, threat or promise the facts of the case or tamper wi any manner whatsoever. (ii) The petitioners shall no circumstance without permission of (iii) The petitioners shall app of hearing. (iv) The petitioners shall pro as well as present address before time of furnishing of bonds and without informing the trial Court. (v) The petitioners shall als Card, PAN Card if any and de number(s) to the learned trial Cou bonds and in case, any change in urpose. It is well settled proposition not be replica of post-conviction made out a case for release on bail. the petitioners are ordered to be personal as well as surety bonds to nt to the satisfaction of learned trial on the following conditions:- all not directly or indirectly make omise to any person acquainted with per with the evidence of the case in all not leave the country under any sion of the learned trial Court. all appear before each and every date all provide their permanent address efore the learned trial Court at the s and shall not change the same all also give copy of their Aadhar nd details of their mobile phone al Court at the time of furnishing of ge in their mobile phone number(s) ition ction ail. o be ds to trial ake with se in any date dress t the same dhar hone g of er(s) AMIT SHARMA 2026.03.11 10:17 I attest to the accuracy and integrity of this order/judgment. CRM-M-8183-20 tak tria swi (vi) con Mo The imm the pet (v the 8. It is, be construed as an and shall not influ 9. Since any, is rendered in 10.03.2026 Amit Sharma 2026 (O&M) 5 takes place, then they shall inform trial Court in advance and shall switched on all times. (vi) The petitioners shall ap concerned Police Station wherein Monday of every alternate month a The concerned SHO in case of any immediately inform the learned Tr the petitioners who shall be at lib petitioners after granting opportuni (vii) The petitioners shall dep the learned trial Court. It is, however, clarified that the obse d as an expression of opinion of this C t influence the outcome of the trial in a Since the main petition has been al ered infructuous. (MA Whether speaking/reasoned:- Yes    nform about the same to the learned shall keep their mobile phone(s) hall appear before the SHO of the erein they are facing trial on the first onth and shall record their presence. of any default by the petitioners shall ned Trial Court about the absence of at liberty to cancel the bail of the ortunity of being heard. all deposit their passport, if any, with e observations made above shall not this Court on the merits of the case ial in any manner.  allowed pending application, if (MANISHA BATRA) JUDGE Yes/No  rned ne(s) f the first ence. shall ce of f the with l not case n, if AMIT SHARMA 2026.03.11 10:17 I attest to the accuracy and integrity of this order/judgment.