CRM-M-14100-2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 223 CRM-M-14100-2026 (O&M) Date of decision : 08.04.2026 Aakil ..... Petitioner VERSUS State of Haryana ..... Respondent CORAM: HON’BLE MR. JUSTICE SURYA PARTAP SINGH Present : Mr. Afjal Hussain, Advocate for the petitioner. Ms. Deepali Verma, AAG Haryana. ***** SURYA PARTAP SINGH, J. This petition is the first petition for bail, filed by the petitioner under Section 483 of ‘the Bharatiya Nagrik Suraksha Sanhita’, 2023. It has been filed with regard to a case arising out of FIR No.254 dated 30.10.2025, for the commission of offence punishable under Sections 318(4), 319 of BNS, 2023 (416, 420 of IPC) Police Station Cyber Crime, District Nuh. 2. The FIR of this case, with regard to cyber crime, came into being at the instance of ‘ASI Ratti Bhan’, who had reported that a reliable source gave him a tip-off that Aakil, i.e. the petitioner, was involved in cyber frauds, and that he was cheating the common public by concealing his real identity and using a SIM card and mobile. As per informer the petitioner was depicting his identity as Salman. It was further reported by the abovenamed police officer that while acting upon the abovementioned information he apprehended the petitioner, on the identification of informer and when VINOD KUMAR ARYA 2026.04.08 19:34 I attest to the accuracy and integrity of this document CRM-M-14100-2026 (O&M) 2 search of the person of abovesaid accused was conducted, he was found in possession of one mobile phone make Redmi [colour Mint Yin] bearing IMEI No.860625044963026, using SIM No.9817247754. According to report, the WhatsApp was also logged-in in the abovementioned number and a Facebook account had been created, in the abovementioned phone, in the name of Neha Sharma. As per abovenamed police officer several suspicious transactions were revealed on the examination of phone and when the online portal meant for cyber fraud was checked, it was found that a complaint had been filed by a complainant namely Riyaz, a resident of Varanasi wherein he complained about cheating with him, by the user of abovementioned phone number. 3. According to prosecution in view of abovementioned information, formal FIR of this case was lodged and the investigation taken up. 4. The learned State Counsel has filed custody certificate of the petitioner as well as status report. The same be taken on record. 5. Heard. 6. It has been contended by learned counsel for the petitioner that the petitioner has already faced incarceration for a period of five months and eight days, and that he has clean antecedents. It has also been contended by learned counsel for the petitioner that the SIM and the mobile phone which have been allegedly recovered were not issued in the name of petitioner and that any amount has not been received by the petitioner. In view of above, it has been contended by learned counsel for the petitioner is not the VINOD KUMAR ARYA 2026.04.08 19:34 I attest to the accuracy and integrity of this document CRM-M-14100-2026 (O&M) 3 beneficiary of the alleged fraud and that the SIM number has not been issued in the name of petitioner. In view of above the learned counsel for the petitioner has contended that the petitioner is entitled for the benefit of bail. 7. The learned State Counsel has controverted the abovementioned arguments. According to learned State Counsel in the present case although the FIR has been lodged on the basis of secret information, yet on recovery of SIM and mobile phone from the possession of petitioner it has been established that the mobile number being used by the petitioner was used for cyber fraud and with regard to abovementioned cyber fraud the complaint was lodged at Varanasi. It has further been contended by learned State Counsel that during the course of investigation it has been found that the complainant Riyaz who was duped while using the mobile number, found in possession of petitioner, and a sum of Rs.8,650/-, has been transferred into the account of petitioner. As per learned State Counsel, the abovementioned chain establishes a strong link between the petitioner and the commission of crime. 8. The record has been perused carefully. 9. 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 decision:- i. that there are very specific allegations against the petitioner with regard to involvement of petitioner in the cyber fraud; ii. that to link the petitioner with the commission of crime firstly, there is recovery of mobile phone and SIM card, which was used for cheating with accused Riyaz, and VINOD KUMAR ARYA 2026.04.08 19:34 I attest to the accuracy and integrity of this document CRM-M-14100-2026 (O&M) 4 secondly, the money has been transferred from the account of Riyaz into the account of petitioner; iii. that the total custody period of the petitioner is barely five months and eight days, which cannot be treated to be a period of prolonged incarceration; 10. Taking into consideration the cumulative effect of all the abovementioned factors, coupled with the grievous nature of offence committed by the petitioner, which comes within the category of cyber frauds, it is hereby held that the petitioner is not entitled for the benefit of bail. 11. Accordingly, finding no merits, the present petition is hereby dismissed, accordingly. (SURYA PARTAP SINGH) JUDGE 08.04.2026 Vinod Whether speaking / reasoned Yes/No Whether Reportable Yes/No VINOD KUMAR ARYA 2026.04.08 19:34 I attest to the accuracy and integrity of this document