Dhruv Mahajan v. State of Punjab and Another

ANOOP CHITKARA, J. FIR No. Dated Police Station Sections 67 22.04.2024 Garshankar, Dis*. 419, 420, 465, 467, 471 IPC Hoshiarpur read with Sec!on 66 (C) and 66 (D) of IT Act

¶1The pe!!oner incarcerated in the FIR cap!oned above had come up before this Court under Sec!on 483 of Bhara!ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

¶2In paragraph 8 of the bail pe!!on, the accused declares that he has no criminal antecedents.

¶3The facts and allega!ons are being taken from the status report filed by the State, which reads as follows: "2. That present FIR No.67, dated 22.04.2024, U/s 419, 420 IPC and U/s 66(C) & 66(D) of the Informa%on Technology Act, 2000 (Sec%ons 465, 467, 471 IPC were added later on vide DDR No.21, dated 15.06.2024), Police Sta%on Garhshankar, District Hoshiarpur was registered on the statement of Dr. Raghbir Singh working in Punjab State Health Department as Senior Medical officer at PHC Possi, Tehsil Garhshankar, District Hoshiarpur. That on 19.04.2024 at about 1:39 PM, Dr. Raghbir Singh received a telephonic order/judgment. 1 call from mobile No.92326-xxxxx and the person calling from said mobile number claimed himself to be Custom Officer working at IGI Airport, New Delhi and stated that there is parcel under inves%ga%on and the said parcel is booked under name of Dr. Raghbir Singh and his Aadhar Card is a=ached with the same. He further stated that in the said parcel there are 16 passports, 56/57 ATM cards and some quan%ty of drugs and for this illegal act, case has been registered against him in Basant Kunj Police Sta%on, New Delhi. Later he transferred the call to Sunil Kumar who declared him as Head Constable of Basant Kunj Police Sta%on, New Delhi Mobile No.84699-xxxxx and he stated that a criminal case has been registered against Dr. Raghbir Singh in Basant Kunj Police Sta%on, New Delhi under the relevant provisions of Money Laundering Act & Human Trafficking Act and further the ma=er is pending before CBI for inves%ga%on and the same is under the inves%ga%on of Anil Yadav, Chief Inves%gator of CBI (Name & designa%on as disclosed by him), Mobile No.79970-xxxxx. All of them made What's App calls and threatened Dr. Raghbir Singh that the ma=er is pending before them and arrest warrants of complainant have been issued by the court and the Dr. Raghbir Singh/complainant will be got arrested soon in non-bailable offences. Then, they convinced Dr. Raghbir Singh to disclose the last four digits of his en%re bank accounts and then, Dr. Raghbir Singh was in u=er shock & surprise within some %me disclosed the last four digits of all his accounts. Later on they further stated that the en%re property will be seized by CBI department and he will be arrested soon, but, if Dr. Raghbir Singh transfers his all moveable assets lying in his bank accounts in that case his arrest could be delayed for some%me and the money lying in the accounts will be refunded back alongwith interest aHer the closure of inves%ga%on. ThereaHer, they provided Dr. Raghbir Singh Accounts No.2647005500xxxxxx of Punjab Na%onal Bank, Branch Japla (IFSC Code PUNB0264700) and 000000426897xxxxx of State Bank of India, Branch Fatehabad (IFSC Code SBIN0001156) and claimed that the said accounts are associated with Reserve Bank of India and payment can be made in these accounts. Dr. Raghbir Singh was not feeling well and he was out of his mind for believing the version of the accused made the transac%on of Rs.49,00,000/-, the details of which is hereunder:- 1) Payment of Rs.35,00,000/- debited from the account No.50100323xxxxxx of HDFC Bank Ltd., VPO Moranwali, Tehsil Garhshankar, District Hoshiarpur, Punjab-144527, through RTGS vide cheque No.000033, dated 20.04.2024, order/judgment. bearing UTR No.HDFCR52024042099933647, in favour of account No.26470055000xxxxxx of Punjab Na%onal Bank, Branch Japla (IFSC Code PUNB0264700), Payment of Rs.2,00,000/- debited from the account No.65120100xxxxx of Bank of Baroda, Branch Garhshankar, Tehsil Garhshankar, District Hoshiarpur, Punjab, through NEFT dated 20.04.2024 bearing UTR No.BARBZ24111566315, in favour of 0000002689753719 of State Bank of India Branch Fatehabad (IFSC Code SBIN0001156), 3) Payment of Rs. 12,00,000/- debited from the account No.5010032xxxxxx of HDFC Bank Ltd., VPO Moranwali, Tehsil Garhshankar, District Hoshiarpur, Punjab-144527, through RTGS vide cheque No.000034, dated

20.04.2024, bearing UTR No.HDFCR52024042050090921, in favour of account No.264700550xxxxxxx of Punjab Na%onal Bank, Branch Japla (IFSC Code No.PUNB0264700), Dr. Raghbir Singh made the abovesaid payments keeping in view that the same are made in the accounts of RBI, New Delhi, but, later in the evening on the same day, when Dr. Raghbir Singh discussed the ma=er with family, he, came to know that the above men%oned scammers hatched a criminal conspiracy against Dr. Raghbir Singh/ complainant and they have deceived Dr. Raghbir Singh. The scammers fraudulently & dishonestly induced Dr. Raghbir Singh to transfer the abovesaid amount in the said accounts inten%onally and have caused financial & more damage to Dr. Raghbir Singh."

¶4The pe!!oner's counsel prays for bail by imposing any stringent condi!ons and contends that further pre-trial incarcera!on would cause an irreversible injus!ce to the pe!!oner and his family.

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

¶6It would be appropriate to refer to the following por!ons of the status report, which read as follows: "ROLE OF THE PETITIONER:-

¶4That during the inves%ga%on of case when money trail was followed/traced, it came to light that an amount of Rs.5 Lakh was transferred from said amount of Rs.49 Lakhs transferred by complainant by rou%ng it through different accounts and said amount of Rs.5 Lakhs which was received in the account of pe%%oner on 20.04.2024 was withdrawn from said account instantaneously on 20.04.2024 itself and thus, pe%%oner was nominated on the basis of money trial and was order/judgment. 3 arrested on 24.04.2024, as pe%%oner was ac%ve number of gang involved in duping ci%zens through online fraud."

¶7There is sufficient primafacie evidence connec!ng the pe!!oner with the alleged crime. However, pre-trial incarcera!on should not be a replica of post-convic!on sentencing. As per paragraph 5 of the bail pe!!on, the pe!!oner has been in custody since 24.04.2024. As per the custody cer!ficate dated 05.11.2024, the pe!!oner's total custody in this FIR is six months and nine days. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allega!ons, and the other factors peculiar to this case, there would be no jus!fiability for further pre-trial incarcera!on at this stage.

¶8Without commen!ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men!oned above, the pe!!oner makes a case for bail. This order shall come into force from the !me it is uploaded on this Court's official webpage.

¶9Given above, provided the pe!!oner is not required in any other case, the pe!!oner shall be released on bail in the FIR cap!oned above subject to furnishing bonds to the sa!sfac!on of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep!ng the surety, the concerned Court must be sa!sfied that if the accused fails to appear, such surety can produce the accused.

¶10While furnishing a personal bond, the pe!!oner shall men!on the following personal iden!fica!on details:

¶1AADHAR number

¶2Passport number (If available) and when the a*es!ng 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 pe!!oner's complying with the following terms.

¶12The pe!!oner shall abide by all statutory bond condi!ons and appear before the concerned Court(s) on all dates. The pe!!oner 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 order/judgment. 4

¶13Any observa!on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶14A cer!fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe!!oner 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*es!ng officer wants to verify its authen!city, such an officer can also verify its authen!city and may download and use the downloaded copy for a*es!ng bonds.

¶15Petition allowed in terms men!oned above. All pending applica!ons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

18.11.2024 Jyoti-II Whether reportable: No. order/judgment. 5

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 06.11.2024 Pronounced on: 18.11.2024 Dhruv Mahajan ...Pe!!oner Versus State of Punjab and another …Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. M.S. Saini, Advocate for the pe!!oner. Mr. Sukhdev Singh, AAG, Punjab. Mr. Rahul Garg, Advocate, for respondent No.2. ****