Shubam v. State of Punjab and Another

ANOOP CHITKARA, J. FIR No. Dated Police Sta1on Sec1ons 02 19.07.2024 Cyber Crime Sri Muktsar Sahib, 420, 473, 120-B IPC and 66 District Sri Muktsar Sahib D of I.T. Act

¶1The pettoner apprehending arrest in the FIR captoned above has come up before this Court under Secton 482 of Bharatya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking antcipatory bail.

¶2In paragraph 14 of the bail petton, the accused declares that he has no criminal antecedents. However, as per para 7 of the status report, the accused has the following criminal antecedents: Sr. No. FIR No. Dated Offenses Police Sta1on

¶1104 18.04.2024 420 IPC Cyber Crime, Gurugam, Haryana

¶3The facts and allegatons are being taken from the FIR, which reads as follows: "Statement of Akashdeep Singh son of Sukhjinder Singh, resident of Village ArniwalaWajira, Aadhar No. 217585xxxxxx, age about 23 years, M.No. 98774-xxxxx. It is stated that I am resident of the above said address and at present, I am doing my study of B.Com from D.A.C. College, Abohar. My sister, Prabhpreet Kaur, is permanent resident of Australia country. My passport has been made and my sister, has applied my visitor Visa in Australia. According to condi2on of visitor visa, I was to show my fund in my bank account and I told about this to my friend,JYOTI order/judgment. 1 Sandeep Kumar son of Hans Raj, resident of Nagpal Nagri, Malout. He said to me that one Suneel son of Manphul, resident of Village Daba Kokrian, District Fazilka is my friend, who does business of trade and lacs of rupees are available in his bank account and due to this, he has to pay much income tax. If you want, then Sunil will deposit his amount of Rs.7,00,000/- from his account and he will withdraw the same a9erwards. Due to this, he will be saved from tax and fund will also be shown in your account. On saying by him, on dated 29.106.2024, firstly for checking, I transferred Rupee one through PAYTM on his Mobile No: 99152-xxxx. Therea9er, through RTGS Number IDFBR52 024062XXXXXX, an amount of Rs. 7,00,000/- was come in my account Number 531501xxxxx in Bank of Baroda Branch, Malout. The above said Sandeep Singh told that my friend, Suneel has deposited the money in your Account and now you go to the bank along with me and give the said money to me a9er withdrawing the same. My above said friend, Suneel will also come outside of the bank. Upon this, I and Sandeep were gone to the bank, where, Suneel was met us at the outside of the bank. We all the three persons were entered in the bank, where, the above said Sandeep asked me to withdraw Rs.6,95,000/- through cheque. Upon this, I withdrew Rs.6,95,000/- and gave the same to him. As per instruc2ons of Sandeep, I sent Rs. 700/- on his Phone Number 99152-xxxx through PAYTM and gave the remaining amount of Rs. 4300/- in cash to Sandeep, which was already available in my pocket. Therea9er, when we were come outside, then one unknown person, was standing bringing one Fortuner Car of white colour. On saying by Sandeep, we, three persons, were sat in the said vehicle. A9er some2me, they got me come down from the car. Therea9er, we, all, were gone from there. On dated 07-07-2024, when my father deposited Rs.1200/- in my Account, then, my Account was come in minus. When we HAN 13:46 were gone to the bank and then we were come to know that Comy Account has been declared LIEN by the Bank. Therea9er, a9er inquiry, I have come to know that the above said Sandeep and Suneel have made a gang, in connivance with Vicky son of Sa2sh Munjal, resident of Jandiala Chowk, Camp Mohalla, Malout and 5-6 other unknown persons and the head of it is Mon2 son of unknown, who is a resident of a village in District Fazilka and by preparing a forged mobile app in the name of one LLFL Securi2es Stock market in the name of share market, chea2ng is commiGed by them with people. My making me prey of this chea2ng, they got Rs.7,00,000/- of chea2ng, deposited in my order/judgment. Account. They have trapped many innocent people in fraud, have commiHng fraud with their hard-earning. Legal ac2on may be taken against all the above said persons. I have recorded my statement before you, Cread and it is correct. xxx xxx"

¶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 status report, which read as follows: "4. Role of the pe##oner - Pe22oner and co-accused a9er hatching a criminal conspiracy, are chea2ng innocent persons by preparing a fake App. The accused fraudulently got transferred the amount of Rs.7.00 lakhs in the bank account of the complainant and then the pe22oner alongwith co-accused cleverly took the said amount from the complainant - i.e. by geHng withdrawn Rs.6,95,000/- from the bank account through cheque through the complainant, Rs.700 through Paytm and Rs.4300/- in cash. Pe22oner ac2vely par2cipated in the commission of crime.

¶5Evidence against the pe##oner - The pe22oner is also ac2vely par2cipa2ng in illegal ac2vi2es with the co-accused. Custodial interroga2on of the pe22oner is required to inves2gate the case effec2vely and to find out the modus operandi of the whole opera2on and commission of the crime."

¶7The name of pettoner has not been named as an accused in the FIR. The evidence against the pettoner is on much lower footng than the other accused, on this ground alone it is not a case for custodial interrogaton or pre-trial incarceraton.

¶8The evidence collected against the pettoner might be prima facie sufficient to launch prosecuton or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of antcipatory bail. An analysis of the above does not justfy custodial interrogaton or pre-trial incarceraton.

¶9Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allegatons and the other factors peculiar to this case, there would be no justfiability for custodial interrogaton or the pre-trial incarceraton at this stage. Without commentng on the case's merits, in the facts and circumstances peculiarJYOTI order/judgment. 3 to this case, and for the reasons mentoned above, the pettoner makes a case for bail. This order shall come into force from the tme it is uploaded on this Court's official webpage.

¶10Given above, provided the pettoner is not required in any other case, the pettoner shall be released on antcipatory bail in the FIR captoned above subject to furnishing bonds to the satsfacton of the Arrestng Officer, and if the maFer is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before acceptng the surety, the concerned Officer/Court must be satsfied that if the accused fails to appear, such surety can produce the accused.

¶11While furnishing a personal bond, the pettoner shall menton the following personal identficaton details:

¶1AADHAR number

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

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶12This order is subject to the pettoner's complying with the following terms.

¶13The pe22oner is directed to join the inves2ga2on within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Inves2gator. The pettoner shall be in deemed custody for Secton 27 of the Indian Evidence Act, 1872/ Secton 23 of BSA, 2023. The pettoner shall join the investgaton as and when called by the Investgatng Officer or any Superior Officer and shall cooperate with the investgaton at all further stages as required. In the event of failure to do so, the prosecuton will be open to seeking cancellaton of the bail. During the investgaton, the pettoner shall not be subjected to third-degree, indecent language, inhuman treatment, etc.

¶14The 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.

¶15In case the Investgator/Officer-In-Charge of the concerned Police Staton arraigns another secton of any penal offense in this FIR, and if the new sectonJYOTI order/judgment. 4 prescribes a maximum sentence that is not greater than the sectons mentoned above, then this bail order shall be deemed to have also been passed for the newly added secton(s). However, suppose the newly inserted sectons prescribe a sentence exceeding the maximum sentence prescribed in the sectons mentoned above; then, in that case, the Investgator/Officer-In-Charge shall give the pettoner notce of a minimum of seven days, providing an opportunity to avail the remedies available in law.

¶16This 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.

¶17Any observaton made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶18A 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 aFest it to be a true copy. If the aFestng officer wants to verify its authentcity, such an officer can also verify its authentcity and may download and use the downloaded copy for aFestng bonds.

¶19Pe11on allowed in terms mentoned above. All pending applicatons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

30.01.2025 Jyo1-II Whether reportable: No. order/judgment. 5

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 15.01.2025 Pronounced on: 30.01.2025 Shubham ...Pettoner Versus State of Punjab and another …Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Yogesh Kumar Aneja, Advocate, for the pettoner. Mr. Jasjit Singh, DAG, Punjab. ****