Rohan Dubey vs Ut Of Chandigarh

CRM-M-42765-2026 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-42765-2026 (O&M)
Rohan Dubey ... Petitioner
Vs.
U.T.Chandigarh ... Respondent
1. The date when the judgment is reserved 08.09.2026
2. The date when the judgment is pronounced 10.09.2026
3. The date when the judgment is uploaded on the 10.09.2026
website
4. Whether only operative part of the judgment is
pronounced or whether the full judgment is
pronounced
Full
5. The delay, if any, of the pronouncement of full Not applicable
judgment, and reasons thereof
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present: Mr. Hunarveer Sharma, Advocate and
Mr. Mohit Garg, Advocate for the petitioner.
Mr. Manish Bansal, Public Prosecutor, U.T., Chandigarh with
Ms. Diksha Sharma, Advocate and
Mr. Dixit Bhardwaj, Advocate for the respondent/State.
...
Manisha Batra, J. (Oral).
1. This petition has been filed by the petitioner under Section 483 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking grant
of regular bail in case arising out of FIR No.109, dated 08.09.2025, registered
HARJEET KAUR
2026.09.10 18:58
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CRM-M-42765-2026 (O&M) -2-
under Sections 318(4), 351(2), 61(2) of the BNS (offences punishable under
Sections 112(2) and 317(2) of the BNS were added lateron), at Police Station
Cyber Crime, District Chandigarh.
2. The aforementioned FIR was registered on the basis of a written
complaint submitted by complainant – Nikhil working with Netflix company
as a salesman alleging therein that he was in dire need of money and had
told this fact to his acquittance Viku @ Makhana, who had asked him to
give details of his bank account and had then offered that the complainant
would be receiving a sum of Rs.2 lakhs in his bank account, out of which he
would be able to get Rs.10,000/-. He also assured that the money so credited
in his bank account would not be from any wrong source and it was to be
sent by some of his acquittance. On being so allured, the complainant had
agreed to divulge the details of his bank account to accused Viku @
Makhana. Then as per instructions from accused Viku, he had responded to
a phone call and had reached at Ram Darbar bus stand on 05.06.2025 where
three youths met him, who asked him to accompany them to his State Bank
of India, Sector-17 branch, wherein they deposited an amount of Rs.10.50
lakhs. The complainant asked them the reason for depositing such amount of
money and those youths disclosed that they had received such amount of
money by selling of their ancestral land. They procured the signatures of the
complainant on a cheque for a sum of Rs.4.85 lakhs and withdrew the said
amount of money. They also withdrew an amount of Rs.30,000/- by using
the ATM card of the complainant and kept the said amount with them. On
24.06.2025, the complainant received a message from his banker that an
amount of Rs.44,500/- deposited in his account had been frozen. The
HARJEET KAUR
2026.09.10 18:58
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CRM-M-42765-2026 (O&M) -3-
complainant asked the above named persons the reason for freezing of his
account but they extended threats to kill him. By suspecting that his bank
account had been used for fraudulent transactions and for use of cyber fraud
money, he prayed for taking action in the matter.
3. After receipt of the complaint, initially preliminary inquiry was
conducted. The Investigating Agency analyzed the allegations levelled in the
complaint in conjunction with technical and digital intelligence obtained
from Indian Cyber Crime Coordination Centre and Pratibimb Portal, which
revealed that by forming an organized cyber crime syndicate, certain persons
were engaged in commission of various cyber offences including fake digital
arrest scams, investment frauds, phishing attacks, mobile and debit card
frauds etc. and the proceeds of crime generated through such frauds were
systematically routed into the bank account of the complainant and
subsequently withdrawn through cheques and ATM transactions at his
instance and under the directions of the accused persons. A formal FIR
under the aforementioned sections was registered.
4. During the course of investigation, it was revealed that the
money received by way of fraudulent transactions was transferred into
various bank accounts. It was further revealed that an amount of Rs.8.78
lakhs which was credited in the bank account operative in the name of
Deepak International Limited, Himachal Pradesh operated by accused
Gaurav Thakur was transferred in the bank account operative in the name of
co-accused Ankit. He was apprehended on 18.01.2026 and was formally
arrested. It was also revealed that he functioned as a mule account holder
and intentionally permitted cyber fraudesters to utilize his personal bank
HARJEET KAUR
2026.09.10 18:58
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CRM-M-42765-2026 (O&M) -4-
account for receiving and laundering illicit funds. It also transpired that on
03.06.2025, three separate fraudulent deposits total amounting to Rs.8.78
lakhs were credited into his bank account and were withdrawn on the same
day. Co-accused Ankit disclosed that his bank account was solicited by the
the present petitioner on commission of Rs.4000/- and he had accepted the
offer due to personal financial difficulties. The petitioner was arrested on
19.01.2026. Investigation now stands concluded.
5. It is argued by learned counsel for the petitioner that he has
been falsely implicated in this case. He himself is a victim of fraud as his
own bank account had been misused by accused Amritpal Singh and Paulish
by making representation to the effect that he same was required for
receiving money from online trading and gaming activities and on alluring
him to give some money out of the same. The amount of Rs.9.87 lakhs
which was transferred into his bank account was not used by him rather the
same had been withdrawn by the co-accused. He had been paid a meagre
amount of Rs.9000/- only as a commission. His antecedents are clean. He
has suffered sufficient incarceration. The trial will take considerable time to
conclude. No useful purpose would be served by detaining him in custody
anymore. It is, therefore, argued that he deserves to be extended the benefit
of bail.
6. Per contra, learned Public prosecutor, U.T., Chandigarh has
argued that the allegations against the petitioner are serious in nature. He had
targeted and contacted co-accused Ankit and had dishonestly solicited his
bank account details under the false representation of receiving funds from
the online trading and gaming activities and thereby inducing co-accused
HARJEET KAUR
2026.09.10 18:58
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CRM-M-42765-2026 (O&M) -5-
Ankit to share his SBI bank details in exchange for a promised commission
of Rs.4000/-. He had facilitated receipt/transfer of the amount of Rs.8.78
lakhs in the bank account of co-accused Ankit, which was got withdrawn
through self cheques. His role is substantial as he facilitated the receipt and
movement of proceeds of cyber fraud through bank account of co-accused,
recruited other individuals for facilitating such transactions and thereby
furthered the purpose designed and modus operandi of the cyber crime
syndicate, in which he was actively involved. It is also argued that there are
chances of petitioner's tampering with the evidence, absconding or
committing similar offences, if extended benefit of bail. It is, thus, stressed
that the petition does not deserve to be allowed.
7. This Court has heard the rival submissions made by learned
counsel for the parties.
8. The petitioner, who is alleged to have a member of an organized
cyber crime syndicate is alleged to have induced the co-accused to divulge
his bank account details to him so that the same could be used for transfer of
money received by committing cyber frauds and got credited an amount of
Rs.8.78 lakhs in the bank account of co-accused Ankit which was
subsequently withdrawn at his behest. He is further alleged to have used his
own bank account operative at Indian Overseas Bank for deposit of different
amounts of money aggregating to Rs.9,87,200/- received from fraudulent
transactions and withdrawn the same. The allegations against him are
specific and supported by documents collected during the course of
investigation. The offence in question is not an isolated act but part of an
organized cyber fraud wherein providing banking channels forms a crucial
HARJEET KAUR
2026.09.10 18:58
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CRM-M-42765-2026 (O&M) -6-
links in execution of crime. The cyber crimes are steadily increasing and
have a deep-rooted impact on society. Such offences are serious economic
crimes, affecting not only the victim(s) but the financial system at large and
therefore, require a strict approach at the stage of granting bail itself.
Keeping in view the gravity of the allegations as levelled against the
petitioner, the manner in which the subject offences were committed, the
role attributed to him and the attendant facts and circumstances, this Court is
of the considered opinion that there is no compelling ground to allow the
petition. Accordingly, the same is dismissed.
9. It is, however, clarified that the observations made hereinabove
shall not be construed as an expression of opinion on the merits of the case
and shall not influence the outcome of the trial.
10. Since the main petition has been dismissed, pending
application, if any, is rendered infructuous.
(MANISHA BATRA)
10.09.2026 JUDGE
harjeet
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
HARJEET KAUR
2026.09.10 18:58
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integrity of this document