Adnan Chauhan v. State Of Haryana
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Decided on: 05.03.2026 ADNAN CHAUHAN ......Petitioner
Versus
STATE OF HARYANA ......Respondent
CORAM:
HON'BLE MR. JUSTICE SANJAY VASHISTH
Present:
Mr. Bhagwat Dayal Sharma, Advocate, for the petitioner.
Mr. Kanwar Sanjiv Kumar, AAG, Haryana.
**** SANJAY VASHISTH, J.
1.
Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner (s) FIR No.
Date Section(s) Police Station District Adnan Chauhan, aged about 26 years 28.04.2025 318(4) of BNS (Section 61(2) of BNS added later on) Cyber Crime - East Gurugram 2.
On 08.09.2025, following order was passed:- "1. At the outset, on oral request of petitioner's counsel, complainant/victim - Ashima Garg, w/o Mr. Prateek Dham, r/o 271, 4th Floor, LIG Colony, Sector 31, Gurugram (M. No.+91-8860202818), is ordered to be impleaded as respondent No.2 in the array of respondents. Let amended memo of parties be filed in the registry within a period of two days from today. 2.
Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who
has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner (s) FIR No.
Date Section(s) Police Station District Adnan Chauhan, aged about 26 years 28.04.2025 318(4) of BNS (Section 61(2) of BNS added later on) Cyber Crime - East Gurugram
3. Complainant - Ashima Garg, got the FIR in question registered, alleging therein that in the month of February, 2025, she received an advertisement on her Instagram in the name of 'Mirae Asset Sharekhan'. On clicking the same, she was added to a WhatsApp group titled 'D(2) Mirae Asset Sharekhan Securities Ltd.', consisting of about 145 members. In the said group, programmes were run daily in the name of stock trading, where members were taught to earn huge profits through block-trading. Acting on such inducement, the complainant invested a total sum of Rs.8,33,000/- in parts, from her HDFC A/c No. 50100212606523, between 24.03.2025 to 01.04.2025.
Later on, when the complainant tried to withdraw the invested amount from the portal, she was asked to deposit some more money, whereupon she realised that she had probably been cheated. 4.
Learned counsel for the petitioner contends that out of the total sum of Rs.8,33,000/-, an amount of Rs.2,78,000/- was credited to the account of the petitioner - Adnan Chauhan. It is further argued that the said amount has already been paid back by the petitioner to the complainant.
Besides, petitioner is ready and willing to join investigation and fully cooperate with the investigating agency, provided he is protected from arrest. Accordingly, prayer has been made for grant of concession of anticipatory bail.
5.
Notice of motion.
6.
On advance notice, learned State counsel puts in appearance on behalf of the respondent - State, and seeks some time to respond to the submissions addressed by learned counsel opposite, after seeking instructions. And, in case of necessity, to file status report.
7.
At this stage, Mr. Amit Kaushik, Advocate, puts in appearance on behalf of newly added respondent No.2 - Ashima Garg (complainant) and endorses the statement of petitioner's counsel to be correct by clearly admitting that amount which was credited in
the account of the petitioner, has already been received back by the complainant/respondent No.2. 8.
Adjourned to 10.11.2025.
9.
Let a comprehensive status report be filed by the State. Respondent No.2 shall also file an affidavit affirming her stand and corroborating the statement made before this Court today.
10.
In the meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).
11.
Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.
It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court."
3.
Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 08.09.2025, passed by this Court, petitioner has joined the investigation, and has fully co-operated. Therefore, he prays for confirmation of the said interim anticipatory bail order.
4.
On the other hand, learned State counsel refers to paragraph No.10 of the status report dated 08.11.2025 which already appended with the present petition, and confirms the averment made by counsel for the petitioner of joining the investigation on 05.10.2025 by the petitioner. 5.
Ms. Radhika, Advocate (for Mr. Amit Kaushik, Advocate), puts an appearance on behalf of the complainant, and filed a notarized affidavit dated 06.09.2025, which is taken on record.
Counsel for the complainant submits that with regard to the claim of the complainant - Ashima Garg against the petitioner, the grievance stands satisfied as she has already received an amount of Rs.2,78,000/- in her bank account from the petitioner. Thus, learned counsel submits that complainant has no objection, if the concession of anticipatory bail is granted to the petitioner in the present case.
6.
Heard learned counsel for the parties.
7.
Since, petitioner has already joined the investigation and grouse of the complainant has already been satisfied qua the petitioner; ad-interim bail order dated 08.09.2025, passed by this Court is hereby made absolute. Accordingly, present petition is allowed.
However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023.
8.
Accordingly, petition stands disposed of.
9.
However, present order would be subject to the submission of passport of the petitioner to the Investigating Agency or to Court concerned, if he possesses, within a period of one week from today. Otherwise, he would submit an affidavit, disclosing the fact that he does not possess any passport. It is clarified that in case, aforesaid condition is not complied with, this order would be considered as non est automatically. (SANJAY VASHISTH) JUDGE 05.03.2026 Lavisha Whether Speaking/Reasoned:
YES/NO Whether Reportable:
YES/NO