Hardik Maini vs State Of Haryana

CRM-M-42614-2026 (O&M) & -:1:-
CRM-M-44670-2026 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
1. CRM-M-42614-2026 (O&M)

Vijay
… Petitioner
Versus
State of Haryana
... Respondent
2. CRM-M-44670-2026 (O&M)

Hardik Maini
… Petitioner
Versus
State of Haryana
... Respondent
Date of Decision: 14.09.2026
-.-
CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL
Present:- Mr. Kshitij Sharma, Senior Advocate with
Mr. Ayush Sagar Sharma, Advocate and
Mr. Shobhit Sharma, Advocate
for the petitioner in ( CRM-M-42614-2026 ).
Mr. Aminder Singh, Advocate
for the petitioner in ( CRM-M-44670-2026 ).
Mr. Karan Veer Singh, Senior DAG, Haryana
in both cases .
-.-
VIRINDER AGGARWAL , J . (Oral)
GAURAV SOROT
2026.09.15 10:41
I attest to the accuracy and
integrity of this document

CRM-M-42614-2026 (O&M) & -:2:-
CRM-M-44670-2026 (O&M)
1. This order shall dispose of the aforesaid two regular bail
petitions, as both arise out of the same FIR and involve common questions
of fact and law.
2. First bail petition under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (corresponding to Section 439 Cr.P.C.), seeking
grant of regular bail to the petitioners during the pendency of trial in the
following FIR:-
Particulars Details
FIR No. 143
Date of FIR 25.04.2026
Section 112 and Section 61(2) BNS, corresponding to
Sections
Section 120-B(2) IPC
Police Station Cyber Crime Police Station, Gurugram
2.1. The present petitions seek the concession of regular bail to the
petitioners during the pendency of trial in the aforesaid FIR (Annexure P-
1).
3. Briefly stated, technical investigation into a suspected mule
account bearing transactions of approximately ` 1.70 crore revealed its
linkage with cyber fraud. Pursuant thereto, Sumit was apprehended and
allegedly disclosed his association with a cyber-fraud gang involved in
providing bank accounts and SIM cards for receiving fraudulent proceeds.
A mobile phone and SIM card were allegedly recovered from him, leading
to registration of the FIR under Sections 112(2) and 61(2) BNS.
4. Learned Senior counsel for petitioner-Vijay and learned
counsel for petitioner-Hardik Maini submit that the petitioners have no
connection with the alleged cyber fraud. It is contended that two mobile
phones were recovered from petitioner-Vijay containing SIM Nos.
GAURAV SOROT
2026.09.15 10:41
I attest to the accuracy and
integrity of this document

CRM-M-42614-2026 (O&M) & -:3:-
CRM-M-44670-2026 (O&M)
8860454102, issued in the name of Nilesh, 988879932, issued in the name
of Pawan, and 8708920220, issued in the name of Vijay. Of these, only
SIM No. 8860454102, allegedly issued in the name of Nilesh and found in
possession of petitioner-Vijay, is stated to have been used in the alleged
crime; however, the status report does not identify any specific victim or
transaction carried out through the said SIM. Apart from this circumstance,
no substantive material connects petitioner-Vijay with the alleged offence.
It is further submitted that both petitioners have remained in custody since
25.04.2026, investigation stands concluded and challan has been
presented; no prosecution witness has yet been examined, the petitioners
have no criminal antecedents, and the alleged offences are triable by the
Magistrate and carry a maximum punishment of seven years. Their further
custodial detention is, therefore, not required for the purposes of
investigation. Grant of regular bail has accordingly been prayed for.
5. Per contra, learned State counsel vehemently opposes the
prayer for regular bail, submitting that the petitioners are allegedly
involved in a large-scale cyber fraud involving transactions of
approximately Rs.1.70 crore. It is contended that the magnitude of the
alleged fraud, the role attributed to the petitioners and the seriousness of
the allegations disentitle them from the concession of regular bail at this
stage. It is further submitted that no illegality or material infirmity is
discernible in the proceedings and that the Trial Court has passed the order
after due consideration of the factual matrix and the applicable legal
principles. Dismissal of the petitions have accordingly been prayed for.
GAURAV SOROT
2026.09.15 10:41
I attest to the accuracy and
integrity of this document

CRM-M-42614-2026 (O&M) & -:4:-
CRM-M-44670-2026 (O&M)
6. I have heard learned counsel for the parties at considerable
length and, with their able assistance, have meticulously examined the
record and perused the material placed on file.
7. As per the status report, petitioner-Vijay, along with petitioner-
Hardik Maini and co-accused Jony, was arrested on 25.04.2026 and is
alleged to have conspired with accused Sahil for procuring and providing
current accounts to cyber fraudsters on commission basis. Petitioner-Vijay
is alleged to have obtained various accounts in the name of co-accused
Nilesh from co-accused Sumit at Pyramid Altia Society, Sector 70,
Gurugram, which were allegedly utilised in stock-market and gaming
frauds. Three SIMs, namely 988879932, 8860454102 and 8708920220,
were allegedly recovered from him, and the prosecution further relies upon
the disclosure statement of co-accused Sumit, wherein petitioner-Vijay is
alleged to have been named and to have received Rs.30,000/- as his share
in the proceeds of crime. So far as petitioner-Hardik Maini is concerned,
he was arrested along with petitioner-Vijay, and the status report attributes
no specific transaction or overt act to him except the allegation that SIM
No.8860454102, stated to be issued in the name of Nilesh, was being
operated from the mobile phone in possession of Vijay; significantly, the
status report does not identify any specific transaction undertaken through
the said SIM. The said SIM is stated to have been issued in the name of
M/s Sparkscoot Solutions (OPC) Private Limited and operated by Nilesh,
its Director, who has not yet been arrested. Challan has, however, been
presented against the petitioners and investigation, insofar as they are
concerned, stands concluded. Though petitioner-Vijay is stated to be
GAURAV SOROT
2026.09.15 10:41
I attest to the accuracy and
integrity of this document

CRM-M-42614-2026 (O&M) & -:5:-
CRM-M-44670-2026 (O&M)
involved in another FIR in Rajasthan, the said FIR also pertains to the
same transaction and is stated to have been registered at the instance of
Virinder Singh Rathore. Having regard to the completion of investigation,
presentation of challan, the fact that the offences are triable by the
Magistrate and carry a maximum punishment of seven years, the
petitioners’ period of custody and the fact that the trial is yet to commence
and is likely to take considerable time, no useful purpose would be served
by prolonging their incarceration pending trial.
7.1. Accordingly, the present petition is allowed and the applicant-
petitioners are ordered to be admitted on regular bail, subject to furnishing
requisite bail and surety bonds to the satisfaction of the Chief Judicial
Magistrate concerned/Illaqa Magistrate/Duty Magistrate, as the case may
be, and further subject to the following conditions:-
i. The petitioner(s) shall not, directly or indirectly, make any
inducement, threat, or promise to any person acquainted with the
facts and circumstances of the case so as to dissuade such person
from disclosing such facts before the Court or to the Investigating
Agency.
ii. The petitioner(s) shall not tamper with the prosecution evidence in
any manner whatsoever, nor shall the petitioner(s), directly or
indirectly, attempt to influence, intimidate, or contact any
prosecution witness.
iii. The petitioner(s) shall not leave the territorial limits of India
without obtaining the prior permission of the learned Trial Court.
In the event any of the petitioner(s) is in possession of a passport,
the particulars thereof shall be furnished before the Investigating
Officer as well as the learned Trial Court.
GAURAV SOROT
2026.09.15 10:41
I attest to the accuracy and
integrity of this document

CRM-M-42614-2026 (O&M) & -:6:-
CRM-M-44670-2026 (O&M)
iv. Before accepting the bail and surety bonds, the learned Illaqa
Magistrate/Duty Magistrate/C.J.M. concerned shall obtain from the
petitioner(s) the permanent residential address as well as the
present correspondence address, duly supported by appropriate
documentary proof. The Investigating Officer shall verify the
correctness of the said addresses within 48 hours of the acceptance
of the bail bonds and place a verification report on record. In the
event any of the addresses is found to be false, fictitious, or
incorrect, it shall be open to the prosecution to seek cancellation of
the concession of bail in accordance with law.
v. The petitioner(s) shall furnish before the learned Trial Court, either
at the time of furnishing the bail bonds or within such period as
may be specified by the Court, the Permanent Account Number
(PAN), Aadhaar Number, particulars of all operative bank
accounts, and a declaration disclosing details of immovable
properties, if any. Any concealment of material particulars or
furnishing of false information shall constitute a valid ground for
seeking cancellation of the concession of bail in accordance with
law.
vi. The petitioner(s) shall intimate the Investigating Officer as well as
the learned Trial Court, in writing, of any change in residential
address or mobile number within seven days of such change.
vii. The petitioner(s) shall not commit any offence of a similar nature
during the pendency of the trial and shall remain present before the
learned Trial Court on each and every date fixed, unless personal
appearance is exempted in accordance with law. The petitioner(s)
shall not absent from the proceedings without obtaining prior
permission of the learned Trial Court. In the event of violation of
any of the aforesaid conditions or unauthorized absence from the
GAURAV SOROT
2026.09.15 10:41
I attest to the accuracy and
integrity of this document

CRM-M-42614-2026 (O&M) & -:7:-
CRM-M-44670-2026 (O&M)
trial proceedings, it shall be open to the learned Trial Court to
proceed in accordance with law, including cancellation of the
concession of bail and issuance of appropriate coercive process,
including warrants of arrest.
8. In view of the final adjudication of the principal proceedings,
all pending miscellaneous applications, if any, arising therefrom or
ancillary thereto, shall stand disposed of accordingly. No separate or
further order is warranted in respect thereof.
9. Photocopy of this order be placed on the connected file for
record, ready reference and compliance, if any.
( VIRINDER AGGARWAL )
14.09.2026 JUDGE
Gaurav Sorot
Whether reasoned / speaking? Yes / No
Whether reportable? Yes / No
GAURAV SOROT
2026.09.15 10:41
I attest to the accuracy and
integrity of this document