Saleem v. State Of Haryana

CRM-M No.25270 of 2026 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M No.25270 of 2026 Date of decision : 11.5.2026 Date of uploading : 11.5.2026 Saleem .............Petitioner

Versus

State of Haryana .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Nafeesh Ahmed, 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.249 dated 25.10.2025 under Sections 318(4), 319, 336(3), 338, 340 of Bharatiya Nyaya Sanhita, 2023 and Section 42(3) of Telecommunication Act, registered at Police Station Cyber Crime Nuh, District Nuh.

2.

The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:- 'To, the SHO Sahib, Police Station, Cyber Crime Nuh. I am posted as ASI in Police Station Pingawan, District Nuh as Investigating Officer. The mobile numbers of suspected cyber criminals committing cyber crimes in entire India are displayed on the Pratibimb portal by MHA Indian Cyber Crime Coordination Centre (14C) and by using the Pratibimb portal under the jurisdiction of Police Station, Cyber Cell works on technical

CRM-M No.25270 of 2026 -2basis on those persons who do cyber fraud in the jurisdiction of District Nuh and Police Station Pingawan. Today, I along with ASI Harendra 16/Nuh, CT Tejpalan 0. 758 /Nuh, L/CT Rakhi 1233/Nuh in government Vehicle No. HR-27GV-8533 driver Yudhishthir HKRN (with laptop and portable printer) were present on duty at Dhana Mod, Pingawa for crime investigation and prevention of cyber crime, when a special informant met and informed that Salim son of Subhan Khan, resident of Dugeja commits cyber fraud using fake mobile phones and fake SIMs. He is still committing cyber fraud sitting in the fields of Village Dugeja. If an immediate raid is conducted, he a can be caught along with the fraud mobile phones and fake SIMs.

On receiving information, ASI informed his fellow officer and a raid was conducted at the place mentioned by the informant. A young boy was found sitting in the field of Village Dugeja and was using his phone. On seeing the police party, he immediately put his mobile phones in his pant pocket and tried to run away. The ASI caught him with the help of his fellow officer, on asking his name and address, the young boy told his name as Salim son of Subhan Khan, resident of Dugeja, Police Station Pinangwa, District Nuh. On searching him on the spot, a mobile phone brand VIVO 2065 color sky blue was recovered from the right pocket of his pants. On checking the mobile phone brand VIVO 2065 color sky blue, the IMEI NO. 869022056048998/64 was found in which a SIM card with mobile number 8607982603 was found.

On opening and checking the mobile phone, a WhatsApp business account was found logged in with the name RatanyamahRX and mobile number 8607982603. A photo of Yamaha bike was found on its profile. On checking the WhatsApp chat, fake QR code, photo of Yamaha bike and many suspicious chats were found. A Facebook profile was found logged-in in the name of Ratanyamah in the mobile phone, on whose profile a photo of Yamaha bike was found. On checking the photos and gallery of the mobile phone, many fake QR code, photo of Yamaha bike were found and on checking the mobile number 8607982603 online with the help of Cyber Cell Nuh, an online complaint was number 33710250046152 dated 04.10.

2025 registered against the mobile number 8607982603 on the Samanvay portal, total fraud amount Rs 39,999/- and the name of the complainant was J Praveen Kumar son of J Yadama resident of Marlu Palakon Road Police Station Mahabub Nagar Rural District Mahabub Nagar Telangana.

CRM-M No.25270 of 2026 -3the left pocket of the above mentioned Salim. On checking it, IMEI No. 355368119872887/355369119872885 was found in which a SIM card with number 9671053879 was found. On opening the mobile phone and checking it, a WhatsApp account in the name of Raj Gyani and logged in with mobile number 9671053879 was found. On checking the WhatsApp chat, fake video and photos of buying and selling old coins on different numbers were found. On checking the photos and gallery of the mobile phone, many photos and videos were found in the name of buying old coins and rupees at high prices. The recovered mobile phones along with the SIM were put in a separate white envelope and a bundle was prepared and sealed with a seal of HS. This seal was later handed over to L/CT Rakhi 1233/ Nuh.'

3.

Learned counsel for the petitioner has urged that the petitioner is in custody since 25.10.2025. Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further urged that, assuming arguendo, the prosecution version is taken to be correct, the petitioner has been apprehended on suspicion and no real victim has come forward to put forward his/her grievance. Thus, regular bail is prayed for. 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 10.5.2026 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 25.10.2025 wherein after investigation was carried out; challan was prepared on 21.1.2026 and

CRM-M No.25270 of 2026 -4subsequently filed. Total 9 prosecution witnesses have been cited, out of which only 01 has been examined and 01 has been given up till date. 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 evidence. 6.1 As per custody certificate dated 10.5.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 6 months and 15 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.

CRM-M No.25270 of 2026 -5- (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. 8.

In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove 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 11.5.2026 Ashwanii Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No