Harinder Singh v. State Of Haryana And Another

CRM-M-20963-2026 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-20963-2026 Harinder Singh

...Petitioner

Versus

State of Haryana and another

...Respondents

Sr. No.

Particulars Details The date when the judgment is reserved 25.05.2026 The date when the judgment is pronounced 27.05.2026 The date when the judgment is uploaded on the website 27.05.2026 Whether only operative part of the judgment is pronounced or full judgment is pronounced Full The delay, if any, of the pronouncement of full judgment, and reasons thereof Not applicable CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA

Present:

Mr. Amit Jhanji, Senior Advocate with Mr. Shashank Shekhar Sharma, Advocate for the petitioner. Mr. Neeraj Poswal, Assistant Advocate General, Haryana. Mr. Aditya Sanghi, Advocate and Mr. Shivam Jindal, Advocate and Mr. Pradeep Bhardwaj, Advocate for respondent No.2. *** MANISHA BATRA, J :- The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner seeking grant of regular bail in case bearing FIR No. 248 dated 01.06.2024 registered under Sections 120-B, 408, 420, 467, 468 and 471 of IPC and Section 13 of Gambling Act, at Police Station Civil Lines, District Sirsa.

CRM-M-20963-2026 -22. The aforementioned FIR was registered on the basis of a written complaint submitted by Sanjeev Gupta, Director of HSF Food ProTech Pvt. Ltd. (for short, "the Company"), which was engaged in the business of manufacturing rice mill machinery, alleging that the accused Saket, who was working as an accountant in the Company for the last many years, had been committing cheating and fraud with the Company and had caused wrongful loss to the tune of Rs. 33 crores to the Company, the complainant and the family members of the complainant, by embezzling the said amount from the bank accounts of the Company, the complainant and his family members, and on the basis of false and fabricated bank statements. The accused Saket was arrested on 15.06.2024. He suffered a disclosure statements admitting his involvement in the crime. As disclosed by him, he was indulged in online gambling on the applications namely, 10 CRICBET and FAIRBET. A Special Investigation Team (SIT) was constituted.

3.

Several persons who were indulged with the accused Saket Kumar, in connection with gambling in the aforesaid applications, namely CRICBET and FAIRBET were joined into the investigation. They suffered disclosure statements and got effected recoveries. The records of the gambling applications were also obtained. The accused Devender Luthra was arrested on 31.01.2026 and was joined into investigation. He suffered disclosure statement to the effect that he, along with one Hardeep Singh, had been doing the business of remittances till the year 2021. They used to hire bank accounts of bogus firms and such accounts were used for the purpose of import of business from China and Thailand. He used to get commission for such

CRM-M-20963-2026 -3transactions. He further disclosed that he had come into contact with the present petitioner in the year 2021. The petitioner had shown him a gaming application and had disclosed that for the purpose of using such application, he required several bank accounts and on his asking, he had sent accused Baljinder Singh to the present petitioner. The petitioner had constituted a firm in the name of Donury India Private Limited under the proprietorship of Baljinder Singh. A bank account was got opened by the petitioner in the name of the said firm on the basis of forged Aadhaar cards and under a fictitious name Sarabjit Singh. The mobile phone linked with the said bank account was within the access of the petitioner and that through the bank account of the said firm and on the basis of false and fabricated documents of the firm, remittances of crores of rupees had been made to foreign countries. 4.

As per the disclosure made by the accused Devender Luthra, similar firm was constituted in the name of Paramjit Singh under the proprietorship of Nova Enterprises and several bank accounts were opened for the said firms. Those accounts were used for the purpose of transactions of money received by way of use of gaming applications and commission of cyber fraud and the entire remittance work was taken care of by the petitioner and one Suraj. As per the disclosure made by accused Devender Luthra, the present petitioner was nominated as an additional accused. He was arrested on 11.02.2026. On interrogation, he too suffered disclosure statement to the effect that he, along with accused Devender Luthra and Suraj Gupta, had started remittance work. They were involved in online gaming and a team was kept on salary basis for this purpose. They used to get bank accounts opened

CRM-M-20963-2026 -4in the names of poor persons by giving them offer of money. Those bank accounts were used for remittance of money to different countries. The money received from fraudulent transactions and by way of gaming was remitted to different countries. He further disclosed that he used to prepare false and fabricated documents and had procured several SIM cards in the names of the bogus firms. He disclosed that he used to receive an amount of Rs. 1,50,000/- per month in lieu thereof. Investigation qua the petitioner now stands complete.

5.

It is argued by learned counsel for the petitioner that he has been falsely implicated in the present case on the basis of the disclosure statement of co-accused Devender Luthra, which cannot be considered to be legally admissible in evidence. He was not named in the FIR by the complainant. The ingredients for commission of the subject offences are not attracted qua him at all. The subject offences are triable by Magistrate. The only allegations against him are that he had prepared fake identity documents, facilitated opening of bank accounts in the names of fake companies and had prepared false and fabricated documents of companies for carrying out monetary transactions. However, no substantial evidence has been collected against him during the course of investigation.

He was neither the proprietor nor owner of any of the companies so constituted. No transaction has been made in his bank account at any point of time and the alleged fraudulent transactions had been made in the bank accounts of co-accused persons with whom he has no relation. He is in custody for a long period. His antecedents are clean. No recovery has been effected from him.

CRM-M-20963-2026 -5conclude. No useful purpose would be served by detaining him in custody any further. He had no connection with co-accused Saket whose bail petition had been dismissed. Therefore, it is stressed that the petition does not deserve to be allowed.

6.

Per contra, learned State counsel assisted by learned counsel for the complainant has vehemently argued that there are serious and specific allegations against the petitioner, who was involved with co-accused Devender Luthra and Suraj Gupta and in connivance with whom, he had prepared false documents for opening bogus firms in the names of Donury India Private Limited and Middle Asia Overseas. The said firms were used for preparing false remittance documents. The petitioner is found to be involved in commission of offence of cheating the complainant of huge amount of Rs. 33,00,00,000/- along with the co-accused. His active participation in the crime stands established. There are chances of petitioner's tampering with the prosecution evidence, absconding or committing similar offences, if extended benefit of bail. Therefore, it is stressed that the petition does not deserve to be allowed.

7.

This Court has heard the rival submissions made by learned counsel for the parties at considerable length. 8.

The petitioner is alleged to have committed offences of serious nature. He in connivance with co-accused Devender Luthra and Suraj Gupta had floated bogus firms in the names of other co-accused. The money belonging to the complainant and used by accused Saket Kumar by using online gaming applications, is alleged to have been remitted to foreign

CRM-M-20963-2026 -6countries through the firms floated in connivance with the present petitioner. His active complicity in the crime prima facie stands established on record. Though he might not have any direct connection with co-accused Saket Kumar but the act of constituting bogus firms, opening bank accounts by way of use of forged identity proofs and remittance of that money amounts to committing offences of cheating and forgery. The petitioner is alleged to be part of a larger conspiracy. Though the challan has been presented, but the case is still at its nascent stage. It is a well-settled proposition of law that while extending the benefit of bail, the nature of accusations, severity of punishment which the conviction entails, nature of evidence in support of the accusations are required to be considered.

Apart from this, the reasonable apprehension of tampering with evidence, threatening witnesses or absconding of the accused are also required to be weighed. Only the element of genuineness is required to be considered at the stage of grant of bail. Taking into consideration the nature and gravity of the allegations levelled against the petitioner, this Court is of the considered opinion that he does not deserve to be extended the benefit of bail. Accordingly, the present petition stands dismissed. 9.

It is clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. 10.

Since the main petition has already been disposed of, pending application, if any, is rendered infructuous. [MANISHA BATRA] JUDGE 27th May, 2026 Parveen Sharma

1. Whether speaking/ reasoned :

Yes / No

2. Whether reportable :

Yes / No