Rajesh Kumar v. State Of Haryana

CRM-M No.24087 of 2026 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M No.24087 of 2026 Date of decision : 3.7.2026 Date of uploading : 3.7.2026 Rajesh Kumar .............Petitioner

Versus

State of Haryana .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Bikram Chaudhary, Advocate, for the petitioner Mr. Gurmeet Singh, AAG, Haryana --- SUMEET GOEL, J. (ORAL) 1.

Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the petitioner in case FIR No.187 dated 24.9.2025 under Sections 318(4), 61(2) (added later on) of the Bharatiya Nyaya Sanhita, 2023, registered at Police Station Cyber Crime, Ballabgarh, District Faridabad.

2.

The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:- 'To SHO, Cyber Crime (Faridabad) Ballabgarh, (Faridabad) Ballabgarh Sir, I am Manish Bharadwaj s/o Ratam Lal resident of H.No.351, Adarsh Nagar Ballabhgarh. I want to inform you that an online fraud has happened with me in which I have suffered a loss of Rs 11,91076. First of all I received a What's App message from 8955708167 for online work. I accepted it and started working from 4/9/25. I was added to the Telegram

CRM-M No.24087 of 2026 -2channel and after that I started clicking on online links and giving 5 Star Rating. Initially I got some tasks which I completed. On 11/9/2025 I got a Money Related Task in which I was asked to deposit Rs 15000. I deposited Rs 15000 on ID 053913814127. Again I was asked to deposit Rs 45000. I deposited Rs 45000 on ID 197027143559. After that I was asked to deposit Rs 175000, I refused. They said that if you want more money then you will have to do this. Otherwise your file will be closed. I refused. After some time again on 11/09/25 at around 12 noon I was told that you will get a KYC call. Show your PAN card, you will get your money. Then I received a KYC call. I showed my PAN card and without my knowledge, Rs 11,20,000 was credited to my account with ID 12025091100022480.

I later found out that a loan had been taken in my name from Navi Finance. After that, money started getting deducted from my account continuously and by 13/09/25, the account was made empty. On 16/09/25, I received a call from ICICI and then I came to know that I had been defrauded.

11/9/2025-288267943985-15000 Rs 11/9/2025-525415927980- 38000 Rs 12/9/2025- 525515069509-200017,70 Rs, 12/9/2025-525515082923198,017.70 Rs, 12/9/2025-12025091297267674-175,000 Rs, 12/9/2025636856133833-50000 Rs, 12/9/2025-591726924363-50000 Rs, 92025525610602241 2,00,017.70 Rs, 13/9/2025-525611734025-2.00017 70 Rs. Total fraud of Rs 1191,076.75 has happened from my account. Account No. 140101508107 is in ICICI Bank. Hence, I request you to return my money to me and take legal action against those who defrauded me. Thanks Name Manish Bhardwaj Address H.No.- 351 Adarsh Nagar, Ballabgarh Contact No. 9582125212.'

3.

Learned counsel for the petitioner has argued that the petitioner is in custody since 24.1.2026. Learned counsel has further argued that the petitioner is actually a mere labourer and was allured by the co-accused to part with the details of his bank account, which has been used for committing the offence in question. Learned counsel has further submitted that, assuming arguendo, the prosecution version is taken to be correct, the petitioner is alleged to have handed over his bank account to Raj

CRM-M No.24087 of 2026 -3Singh, who in turn has actually committed the fraud/cheating in question and still at large on bail by the concerned Sessions Court. Learned counsel has further urged that the petitioner is a man, aged about 48 years and is the only bread earner of his family. On the strength of these submissions, the petitioner seeks regular bail.

4.

Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 2.7.2026 in Court, which is taken on record.

5.

I have heard counsel for the parties and have gone through the available records of the case.

6.

The petitioner was arrested on 24.1.2026 wherein after investigation was carried out; challan was prepared on 19.3.2026 and subsequently filed. Total 7 prosecution witnesses have been cited but none has been examined till date. It is also not in dispute that no further recovery is required from the petitioner and the investigation proceedings qua the petitioner are complete. It is, thus, indubitable that culmination of trial will take its own time. The rival contentions raised at Bar give rise to debatable issues which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution

CRM-M No.24087 of 2026 -4evidence. 6.1 As per custody certificate dated 2.7.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 5 months and 9 days & is not shown to be involved in any other case. Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7.

In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.

(iii) The petitioner shall not absent himself on any date before the trial.

(iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court.

(vi) The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.

(vii) The petitioner shall not in any manner try to delay the trial. In addition to the above conditions, the petitioner shall be obligated to either furnish a demand draft or an FDR or cash amount of ₹10,000/- with the concerned Court releasing him on bail. 8.

In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed

CRM-M No.24087 of 2026 -5hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner.

9.

Ordered accordingly.

10.

Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.

(SUMEET GOEL) JUDGE 3.7.2026 Ashwanii Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No