CRM-M-21627-2026 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH 213 CRM-M-21627-2026 (O&M) Date of decision: 03.09.2026 Vrushab Rajesh Sharma ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Raman Chawla, Advocate for the petitioner. Mr. Neeraj Poswal, AAG, Haryana. MANISHA BATRA, J. (Oral) 1. The instant one is the second petition that has been filed by the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of regular bail to him in case bearing FIR No.33 dated 26.11.2023, registered under Sections 420, 120-B, 467, 468 and 471 of IPC at Police Station Cyber Crime, Kurukshetra. His previous petition was dismissed by this Court on 10.12.2025. 2. As per the FIR, some unknown persons had added the complainant to a Telegram group and offered him work related to rating through Uber Eats. He was lured with the promise of earning money and getting higher returns by investing money. The complainant joined the group and, on the asking of the persons concerned, deposited money in different bank accounts. He alleged that a fraud of Rs.75,94,631/- was committed with MOHAMMAD WASEEM ANSARI 2026.09.05 11:29 I attest to the accuracy and integrity of this document CRM-M-21627-2026 (O&M) -2- him. The petitioner came to be nominated as an accused during investigation when the police found that the bank account used in the alleged transactions was in the name of Tringle Tarrier Logistics Pvt. Ltd., Gurugram, of which the petitioner was the proprietor. It was also found that several complaints had been lodged regarding the said account. As the petitioner was already lodged in jail in another case, he was arrested in the present case on 16.04.2024 by way of issuance of production warrants. Investigation is now completed and challan has been filed. 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in the case. He has been in custody since 16.04.2024. The investigation is complete and the challan has already been presented. It is further submitted that several co-accused, namely Yadwinder Singh, Tajinder Kumar, Sagar, Gaurav @ Aman and Parveen Kumar, have already been granted bail by this Court. It is argued that the petitioner is similarly placed and is, therefore, entitled to the benefit of parity. These circumstances amount to substantial change in circumstances which entitle the petitioner to seek bail. It is further argued that no useful purpose would be served by keeping the petitioner in custody as the trial is likely to take considerable time. Hence, it is urged that the petition deserves to be allowed. 4. Status report has been filed by the respondent-State. Learned State counsel has opposed the petition and argued that the allegations against the petitioner are serious in nature. His previous petition has been dismissed by this Court by passing a detailed order. No drastic or substantial change in circumstances has been made out, so as to entertain this successive petition. MOHAMMAD WASEEM ANSARI 2026.09.05 11:29 I attest to the accuracy and integrity of this document CRM-M-21627-2026 (O&M) -3- The petitioner is involved in the cyber fraud and that his release on bail may affect the trial. Hence, it is urged that the petition is liable to be dismissed. 5. This Court has heard the rival submissions of learned counsel for the parties. 6. The petitioner has been in custody since 16.04.2024. The challan has already been presented. The trial has not progressed much after dismissal of the previous petition of the petitioner as only 03 out of total 43 prosecution witnesses have been examined so far, which goes to show conclusion of trial would obviously take considerable time. The petitioner has already undergone substantive period in custody as undertrial. Principle of parity weighs in favour of the petitioner. It is well settled proposition of law that pre-trial incarceration should not be a replica of post-conviction sentencing. Moreso, prolonged incarceration, particularly when the trial is not likely to conclude in the near future and such delay is not attributable to the accused, constitutes a material change in circumstance and entitles an accused to seek bail by way of a successive petition. Accordingly, the present petition is allowed and the petitioner is ordered to be released on regular bail, subject to his furnishing personal and surety bonds, including two sureties, to the satisfaction of the learned trial Court/Illaqa Magistrate/CJM concerned. 7. However, in addition to the conditions to be imposed by the learned trial Court/Duty Magistrate/Chief Judicial Magistrate, the release of the petitioner shall also be subject to the following conditions :- (i) the petitioner shall not misuse the liberty granted; (ii) the petitioner shall not absent himself on any date before the trial Court; (iii) the petitioner shall not commit any offence while on bail. MOHAMMAD WASEEM ANSARI 2026.09.05 11:29 I attest to the accuracy and integrity of this document CRM-M-21627-2026 (O&M) -4- (iv) the petitioner shall give his cell phone number to the Investigating Officer/SHO of the concerned police station and shall not change the same without prior permission to the trial Court. (v) The petitioner shall appear before the Investigating Officer/SHO of the concerned police station on every alternate Monday at 11:00 AM. 8. In case of breach of any of the aforesaid conditions and those which may be imposed by the concerned trial Court/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move an application for cancellation of bail of the petitioner. 9. It is clarified that the observations made above shall not be construed as an expression of opinion of this Court on the merits of the case and shall not influence the outcome of the trial in any manner. 10. Since the main petition has been allowed, pending application, if any, is rendered infructuous. 03.09.2026 (MANISHA BATRA) Waseem R. Ansari Waseem R. Ansari Waseem R. Ansari Waseem R. Ansari JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHAMMAD WASEEM ANSARI 2026.09.05 11:29 I attest to the accuracy and integrity of this document