Naved Ali v. State of Haryana

ANOOP CHITKARA, J. FIR No. Dated Police Station Sections 24 18.11.2023 Cyber Crime Kurukshetra, 420, 406 IPC and 66 of IT Act Dis.. Kurukshetra

¶1The pettoner incarcerated in the FIR captoned above had come up before this Court under Secton 483 of Bharatya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

¶2In paragraph 15 of the bail petton and as per para 9-a of the status report, the accused has the following criminal antecedents: Sr. No. FIR No. Dated Offenses Police Station

¶125 16.05.2024 406, 420 IPC Cyber Crime, Kurukshetra, Dis.. Kurukshetra

¶3The facts and allegatons are being taken from the status report filed by the State, which reads as follows: "2. That the present case has been registered on the statement of Satnam Singh son of Balkar Singh resident of Village Tyora, Tehsil Shahabad, District Kurukshetra and contents of the same are reproduced as under for kind perusal of this Hon'ble Court. "It is stated that I am resident of above said address and I had received a link on telegram, who got me joined a telegram channel or group, where Rs.50/- had to be received for watching a video and a-er watching three videos Rs.150/- used to be received in the account and then a-er that a welfare task used to be received, in which 2 to 4 tasks had to be made. For doing this, separately a telegram channel or group had to be joined and IJYOTI order/judgment. 1 joined the task, that used to be started from Rs.5000/-, wherein I staked Rs.5000/-. I had got the same deposited in Account no.972600210xxxxxx and IFSC CODE PUNB0972600 and a-er comple;ng that task, Rs.7500/- became in my wallet. A-er that the Admin told that for next task, stake Rs.30,000/-. Then I got deposited Rs.30,000/- in the said account number and a-er comple;ng that it and ask, Rs.52500/- became in my wallet. Then Admin stated that for doing next task, stake Rs.90,000/-, then I also got deposited Rs.90,000/- in the said account and now a-er comple;ng that task, there should have been Rs.2,25,000/- in my wallet but there remained only Rs.2500/-. Then I said how it happened, then the Admin started saying that your task has been failed. If you stake Rs.3,00,000/-, the loss suffered by you will be fulfilled and a-er that you will have to do one more task. Then I in order to fulfill my loss, came into his smooth talk and I staked Rs.3,00,000/- which was deposited by me in Account No.012763300xxxxxx IFSC Code YESB000127, at police sta;on from the aforesaid complaint No.153-X Das; dated 18.11.2023 received in the police post by post from the office of Superintendent of Police, Kurukshetra.

¶3That on the basis of above said complaint, the present FIR no.24 dated

18.11.2023, under Sec;ons 406, 420 IPC, in Police Sta;on Cyber Crime, Kurukshetra was registered and in;ma;on regarding registra;on of the present case also sent to the higher authori;es."

¶4The pettoner's counsel prays for bail by imposing any stringent conditons and contends that further pre-trial incarceraton would cause an irreversible injustce to the pettoner and his family.

¶5The State's counsel opposes bail and refers to the status report.

¶6It would be appropriate to refer to the following portons of the reply, which read as follows: "5. Therea-er, during inves;ga;on of the present case, it has come out that the pe;;oner/ accused along with co-accused of the present case has collected an amount of Rs.10,25,000/- in his firms account by commiDng online fraud and Sec;on 66D 1.T. Act was added in the present case.

¶6That, a-er comple;on of inves;ga;on of the present case, challan under Sec;ons 406, 420, 201 IPC and 66-D 1.T. Act was submiEed before the learned Trial Court on 29.05.2024 and learned Trial Court framed charge under Sec;ons 406, 420, 201 IPC and 66-D I.T. Act against the order/judgment. 2 pe;;oner/accused on 14.08.2024. Now maEer is pending before the learned trial Court and same is fixed on 18.12.2024 for prosecu;on evidence. Total witnesses in the present case are 13 and out of them, only 01 witness has been examined before the learned Trial Court.

¶7That the arrest of one more accused, namely, Afser son of Sherjaan is s;ll pending and material witnesses are yet to be examined in the present case, hence pe;;on of the pe;;oner/ accused is liable to be dismissed with direc;on to face trial before the learned Trial Court.

¶8That, the Cyber crime is on increase these days and people like accused/ pe;;oner loot lacs of hard earnest money by showing silver screen to the innocent vic;ms, who fell to their trap. The pe;;oner/ accused has no source of regular income but such a he-y amount of Rs.2,81,55,000/- has been transacted to his account, hence pe;;oner/ accused has commiEed crime of serious nature and now has filed the present pe;;on before this Hon'ble Court on false grounds and same is liable to be dismissed." REASONING:

¶7There is sufficient primafacie evidence connectng the pettoner with the alleged crime. However, pre-trial incarceraton should not be a replica of post-convicton sentencing. As per paragraph 10 of the bail petton, the pettoner has been in custody since 08.04.2024. As per the same, the pettoner's total custody in this FIR is around ten months. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegatons, and the other factors peculiar to this case, there would be no justfiability for further pre-trial incarceraton at this stage.

¶8Without commentng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentoned above, the pettoner makes a case for bail.

¶9Given above, provided the pettoner is not required in any other case, the pettoner shall be released on bail in the FIR captoned above subject to furnishing bonds to the satsfacton of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before acceptng the surety, the concerned Court must be satsfied that if the accused fails to appear, such surety can produce the accused.

¶10While furnishing a personal bond, the pettoner shall menton the following personal identficaton details: order/judgment. 3

¶1AADHAR number

¶2Passport number (If available) and when the a.estng officer/court considers it appropriate or considers the accused a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶11This order is subject to the pettoner's complying with the following terms.

¶12The pettoner shall abide by all statutory bond conditons and appear before the concerned Court(s) on all dates. The pettoner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court.

¶13This bail is conditonal, and the foundatonal conditon is that if the pettoner indulges in any non-bailable offense, the State may file an applicaton for cancellaton of this bail before the Sessions Court, which shall be at liberty to cancel this bail.

¶14The concerned trial court is authorized to delete, modify, or relax any of the above conditons and shall be competent to do so in accordance with the law.

¶15Any observaton made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶16A certfied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pettoner can download this order along with case status from the official web page of this Court and a.est it to be a true copy. If the a.estng officer wants to verify its authentcity, such an officer can also verify its authentcity and may download and use the downloaded copy for a.estng bonds.

¶17Petition allowed in terms mentoned above. All pending applicatons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

17.02.2025 Jyoti-II Whether reportable: No. order/judgment. 4

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 13.02.2025 Pronounced on: 17.02.2025 Naved Ali ...Pettoner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Namit Khurana, Advocate, for the pettoner. Mr. Naveen Kumar Sheoran, DAG Haryana. ****