Citation : 2026 Latest Caselaw 2649 P&H
Judgement Date : 18 March, 2026
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
134
CRM-M-72419-2025 (O&M)
Date of decision: 18.03.2026
Siraj Mia ...Petitioner(s)
VERSUS
State of Haryana ...Respondent(s)
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
Present :- Mr. G.S. Ghuman, Advocate (through V.C.) and
Mr. Atul Kumar, Advocate for the petitioner(s).
Mr. Paras Talwar, Sr. DAG Haryana.
*****
VINOD S. BHARDWAJ, J. (Oral)
1. This second petition has been filed for grant of regular bail to
the petitioner(s) in case bearing FIR No.57 dated 21.02.2025, registered
under Section(s) 318(4), 319, 336(3), 338, 340 of Bharatiya Nyaya Sanhita,
2023 (Section 61(2) of BNS and Section 66D of IT Act added later on and
Sections 336(3), 338 and 340 of BNS deleted, later on) at Police Station
Cyber Crime West, District Gurugram.
2. Briefly summarised, the facts of the present case are that :-
"xxxx the present FIR has been lodged by the
complainant Bani Singh wherein it is mentioned that on
10.12.2024, he received a whatsapp link through unknown
number and join him in a whatsapp group "Profit Explorer T3".
After some they add him on another whatsapp group "Special
Training Team B. They given training for stock trading and
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134 CRM-M-72419-2025 (O&M)
IPOs on both whatsapp group. Group admin sharing different
ideas of investment in IPO and stocks. They suggested if he
invest according them than he get 10-20% profile according to
his investment. Many participants sharing their profit on these
groups. So that he realize that he agree to investment. Than
they shared a fake website link which *m.rockscreek.com" and
asked to registered on this website. He registered himself on
this website and login. After login the website shows Indian
stocks and different available IPOs. This website is now
disabled & is not accessible. After that they giving tips for
investment and asked to trade according this website. On 5th
Jan 2025, they provide bank account details and asked to
deposit fund for investment. In starting he deposit 2.99 lakh and
start trading according their advice. After that they suggest to
invest more to gain more profit. He did not understand and he
do payments in different bank accounts till 22nd Jan 2025
which provided by them. After that he trying to withdrawal fund
but withdrawal not processed. Than he asked them for
withdrawal than they told him that due to some technical issue
withdrawal got delayed and the shared him fake/Forged
documents on whatsapp group mentioning name Rockscreek, in
those documents Rockscreek was shown to be registered in
SEBI (stock exchange board of India). So he got convinced,
later on he found that they deleted those documents. Then after
one week he did not get any withdrawal than he again asked
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134 CRM-M-72419-2025 (O&M)
them for withdrawal but they removed him from above
whatsapp groups and above fake website got disabled than he
realize that they did scam with him. From 5th Jan 2025 to 22nd
Jan 2025, he transferred Rs 1,94,02.000 /- from his two HDFC
Bank and ICICI Bank account. The details of phone number
and bank accounts are also given. The Fraudsters added him in
rockscreek.com and showed him fake/forged documents to
induce me to transfer earn money. It was requested that legal
action be taken against accused. Upon this statement the
present FIR was lodged".
3. Learned counsel for the petitioner contends that as per the case
set out by the prosecution, the complainant was allured by certain links to
make an investment, being induced by the disclosures made on the said
link/website(s), the complainant transferred a sum of Rs. 1.94 crore
approximately for investment in different accounts. He contends that out of
the aforesaid amount, a sum of Rs.1.07 crore was allegedly transferred to
one Tamim Store. He contends that the Police interrogated the proprietor-
Anarul Islam who disclosed he had sold his account of Tamim Stores to the
petitioner herein. He contends that on interrogation, the petitioner revealed
that he had further sold the account to one Khurshid for certain commission.
He contends that no recovery of any nature whatsoever has been effected
from the petitioner. He contends that the offences are triable by a Magistrate
and that out of 08 prosecution witnesses only 01 has been examined so far
and thus, the trial would take a long time to conclude. He further contends
that the petitioner has been in custody since 10.03.2025. It is also contended
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134 CRM-M-72419-2025 (O&M)
that the petitioner has clean antecedents.
4. Learned counsel for respondent-State does not dispute the
aforesaid factual aspects.
5. Having heard the learned counsel for the parties and taking into
consideration the facts and circumstances as noted above, including the
period of actual custody already undergone by the petitioner in a
Magisterial trial, the stage of the trial as well as the clean antecedents and
bearing in mind that the conclusion of the trial is likely to take a long time, I
deem it fit to allow the instant petition.
6. Accordingly, the instant petition is allowed and the petitioner is
ordered to be admitted to regular bail subject to his furnishing bail/surety
bonds to the satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate
concerned.
7. It is made clear that the petitioner shall not extend any threat
and shall not influence any prosecution witness in any manner directly or
indirectly.
8. The observation made hereinabove shall not be construed as an
expression on the merits of the case and the trial Court shall decide the case
on the basis of available material.
(VINOD S. BHARDWAJ)
18.03.2026 JUDGE
Mangal Singh
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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