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CRM-M-35167-2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 214 CRM-M-35167-2026 Date of Decision: 03.09.2026 BIPIN KUMAR DWIVEDI ... PETITIONER VERSUS STATE OF HARYANA
... RESPONDENT
CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Aman Arora, Advocate with Mr. Ashutosh Mishra, Advocate and Mr. A.K.Saxena, Advocate for the petitioner.
H.S. Grewal, J.(Oral)
1. This petition has been filed under Section 483 BNSS, 2023 [Erstwhile Section 439 Cr.P.C.] praying for grant of regular bail to the petitioner in case FIR No. 243 dated 01.09.2024 under Sections 318(4) BNS, 2023 (old Section 420 IPC) registered at Police Station Cyber crime, Gurguram later on added Sections 61(2) BNS, 2023 (old Section 120B of IPC) and Section 66D of the Information Technology Act, 2008. ,
2.
Brief facts of the case are that the present FIR was registered on the complaint of Shashi Anand, a Computer Engineer employed with Optum Global Service, Gurugram. On 08.07.2024, he received a text message containing a WhatsApp group link and joined an investment group named “D5- Amex Investment Strategy Practice Group.” He was thereafter added to another WhatsApp group, “Axis Securities VIP-1005,” where the group operators RENU RAWAT 2026.09.03 17.08 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-35167-2026 -2- induced him to invest in stock trading by assuring high returns. Believing the representations, the complainant transferred ₹39,72,088 between 10.07.2024 and 06.08.2024 into various bank accounts shown in the name of Axis Securities Ltd. When he attempted to withdraw the invested amount, no payment was made, whereupon he realized that he had been cheated. Consequently, FIR was registered under Section 318(4) BNS and Section 66-D of the IT Act at Police Station Cyber Crime East, Gurugram. During investigation, the money trail revealed that ₹39,23,088 had been credited into a Bandhan Bank account, from which ₹5,00,000 was transferred to a YES Bank account belonging to co-accused Chaman Kumar Joshi. Whereupon he was arrested, and on the basis of his disclosure, co- accused Ashutosh Kumar was also arrested. From Ashutosh, several mobile phones, SIM cards, blank signed cheques, ATM cards, cheque books and bank kits allegedly used in cyber fraud were recovered. During further investigation, the present petitioner Bipin Dwivedi was nominated on the basis of the supplementary disclosure statement of co-accused Ashutosh. He was arrested on 10.03.2026, and the prosecution alleges that he assisted in arranging bank accounts, SIM cards and mobile phones for commission in furtherance of the cyber fraud. A SIM card and a keypad mobile phone were recovered from his possession during police remand.
3.
Learned counsel for the petitioner submits that the petitioner is not named in the FIR and has been implicated solely on the disclosure statement of a co-accused. It is contended that no role has been attributed to him by the complainant, he neither induced nor communicated with the RENU RAWAT 2026.09.03 17.08 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-35167-2026 -3- complainant, and no money was transferred to his account. He further submits that the investigation is complete, the challan has been presented, and the petitioner is in custody since 10.03.2026 therefore prays for grant of regular bail. 4. Notice of motion. 5. Mr. Vishal Kashyap, Sr. DAG, Haryana accepts notice on behalf of the respondent-State. He has opposed the prayer for grant of regular bail on the ground that the petitioner was actively involved in arranging bank accounts, SIM cards and mobile phones for cyber fraud in conspiracy with co-accused. A SIM card and keypad mobile phone used in the offence were recovered from his possession during police remand. He has filed the custody certificate of the petitioner in Court today, which is taken on record. As per the custody certificate, the petitioner is in custody for the last 05 months and 20 days and is not involved in any other case. 6. I have heard the submissions made by the parties and gone through the record. 7. Keeping in view the facts and cirusmtnaces of the case and the fact that the petitioner is in custody last 05 months and 20 days and is not involved in any other case; he has been implicated on the basis of disclosure statement coupled with the fact that the trial is likely to take considerable time, this Court is of the view that no useful purpose would be served by further incarceration of the petitioner. Accordingly, the petitioner is granted the concession of regular bail during the pendency of the trial. RENU RAWAT 2026.09.03 17.08 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-35167-2026 -4-
8. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. 9.
Nothing discussed hereinabove shall be construed as an expression of opinion on the merits of the case. 10. It is clarified that if while on bail so granted through the instant
order, the petitioner is found indulged in any other criminal case/activity, it shall be open to the State to seek cancellation of his bail. 03.09.2026
(H.S.GREWAL) renu
JUDGE Whether speaking/reasoned : Yes/No Whether reportable: Yes/No RENU RAWAT 2026.09.03 17.08 I attest to the accuracy and integrity of this document Chandigarh