JOGA RAM v. STATE OF HARYANA
Court: High Court of Punjab and Haryana
Bench: MRS. JUSTICE MANISHA BATRA
Judgment date:
Case summary
High Court of Punjab and Haryana judgment dated 2026-04-28. JOGA RAM v. STATE OF HARYANA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF PUNJAB AND HARYANA ATIN THE HIGH COURT OF PUNJAB AND HARYANA ATIN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARHCHANDIGARH (107) CRM-M-67082-2025 (O&M) Date of decision : 28. 04. 20262026 JOGA RAM ... Petitioner Versus STATE OF HARYANAHARYANA ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRAHON'BLE MRS. JUSTICE MANISHA BATRAHON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. G. P. S. Ghuman, Advocate for the petitionerAdvocate for the petitioner Ms. Himani Arora, DAG, HaryanaMs. Himani Arora, DAG, Haryana Er. Vikram Singh, Advocate for the complainant withEr. Vikram Singh, Advocate for the complainant withEr. Vikram Singh, Advocate for the complainant with Dr. Anita (complainant in person)Dr. Anita (complainant in person) **** MANISHA BATRA, J. (ORAL)MANISHA BATRA, J. (ORAL) 1.
TheThe instant one is the second petitionpetition filed by the petitioner under under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”)of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”)of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”)of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of regularregular bail in case arising out of FIR No. in case arising out of FIR No. 38 dated 31. 01. 202538 dated 31. 01.
2025 registered under Sections 318(4), 319, 308(2), 336(3), 338, 340, 61(2) and 241registered under Sections 318(4), 319, 308(2), 336(3), 338, 340, 61(2) and 241registered under Sections 318(4), 319, 308(2), 336(3), 338, 340, 61(2) and 241registered under Sections 318(4), 319, 308(2), 336(3), 338, 340, 61(2) and 241 of Bharatiya Nyaya Sanhita, 2023 (for short “BNS”)Bharatiya Nyaya Sanhita, 2023 (for short “BNS”)Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) at Police Station Cyber at Police Station Cyber Crime West, District Gurugram. Crime West, District Gurugram. Crime West, District Gurugram. Crime West, District Gurugram. His first petition was dismissed as withdrawn His first petition was dismissed as withdrawn His first petition was dismissed as withdrawn His first petition was dismissed as withdrawn vide order datedorder dated 09. 07. 2025. 2.
The aforementioned FIR was registered on the basis of complaintThe aforementioned FIR was registered on the basis of complaintThe aforementioned FIR was registered on the basis of complaintThe aforementioned FIR was registered on the basis of complaint lodged by complainant Dr. Anita, a retired Principal alleging that on the eveninglodged by complainant Dr. Anita, a retired Principal alleging that on the eveninglodged by complainant Dr. Anita, a retired Principal alleging that on the eveninglodged by complainant Dr. Anita, a retired Principal alleging that on the evening of 03. 01. 2025, she had received a call on her cell phone. The caller told her thaof 03. 01. 2025, she had received a call on her cell phone. The caller told her thaof 03. 01. 2025, she had received a call on her cell phone.
The caller told her thatt severalseveralseveralseveral complaints complaints complaints complaints were were were were registered registered registered registered against against against against her her her her for for for for violation violation violation violation of of of of illegal illegal illegal illegal advertisements and sending harassing messages and an FIR was registeredadvertisements and sending harassing messages and an FIR was registeredadvertisements and sending harassing messages and an FIR was registeredadvertisements and sending harassing messages and an FIR was registered against her. She was also informed that three cell phone numbers, which she wasagainst her. She was also informed that three cell phone numbers, which she wasagainst her. She was also informed that three cell phone numbers, which she wasagainst her. She was also informed that three cell phone numbers, which she was using, would be blocked withinusing, would be blocked within short time.
She also started receiving video callsshort time. She also started receiving video callsshort time. She also started receiving video calls from different numbers on her whatsApp and the callers told her that a bankfrom different numbers on her whatsApp and the callers told her that a bankfrom different numbers on her whatsApp and the callers told her that a bankfrom different numbers on her whatsApp and the callers told her that a bank account had been opened by her in favour of a person, who was accused ofaccount had been opened by her in favour of a person, who was accused ofaccount had been opened by her in favour of a person, who was accused ofaccount had been opened by her in favour of a person, who was accused of money laundering and committing frauds and she would bemoney laundering and committing frauds and she would bemoney laundering and committing frauds and she would be sent to jail for 14 sent to jail for 14 years.
She was forbidden from disclosing these facts to her family membersyears. She was forbidden from disclosing these facts to her family membersyears. She was forbidden from disclosing these facts to her family membersyears. She was forbidden from disclosing these facts to her family members under the threat that they would also be put to jail and their bank accounts wouldunder the threat that they would also be put to jail and their bank accounts wouldunder the threat that they would also be put to jail and their bank accounts wouldunder the threat that they would also be put to jail and their bank accounts would be frozen and that they would be mentally and physically tortured. She wasbe frozen and that they would be mentally and physically tortured. She wasbe frozen and that they would be mentally and physically tortured. She wasbe frozen and that they would be mentally and physically tortured. She was forced to transfer a total amount of Rs.
3,03,00,000/rced to transfer a total amount of Rs. 3,03,00,000/rced to transfer a total amount of Rs. 3,03,00,000/- from her bank accounts to from her bank accounts to different bank accounts, the numbers of which were disclosed by the callers. Shedifferent bank accounts, the numbers of which were disclosed by the callers. Shedifferent bank accounts, the numbers of which were disclosed by the callers. Shedifferent bank accounts, the numbers of which were disclosed by the callers. She was kept under digital arrest till the transfer of the above said amountwas kept under digital arrest till the transfer of the above said amountwas kept under digital arrest till the transfer of the above said amount of money of money and was not even made to leave her room. She was made scared of her life. Lastn made to leave her room. She was made scared of her life. Lastn made to leave her room. She was made scared of her life. Lastn made to leave her room. She was made scared of her life.
Last video call was made to her on 31. 01. 2025, whereby threats were again extendedvideo call was made to her on 31. 01. 2025, whereby threats were again extendedvideo call was made to her on 31. 01. 2025, whereby threats were again extendedvideo call was made to her on 31. 01. 2025, whereby threats were again extended to her. 3. As per the further allegations, during the course of investigation itAs per the further allegations, during the course of investigation itAs per the further allegations, during the course of investigation itAs per the further allegations, during the course of investigation it came forth that an amount of Rcame forth that an amount of Rs. 58 lakhs from the bank account of thes. 58 lakhs from the bank account of thes. 58 lakhs from the bank account of the complainant was transferred in an account No. 10205733033 in the first layercomplainant was transferred in an account No. 10205733033 in the first layercomplainant was transferred in an account No.
10205733033 in the first layercomplainant was transferred in an account No. 10205733033 in the first layer which was operative in the name of firm M/s. Shri Ram Stainless under thewhich was operative in the name of firm M/s. Shri Ram Stainless under thewhich was operative in the name of firm M/s. Shri Ram Stainless under thewhich was operative in the name of firm M/s. Shri Ram Stainless under the partnershippartnershippartnership of of of Tarun Tarun Tarun Kumar Kumar Kumar and and and Kamla Kamla Kamla (wife (wife (wife of of of the the the present present present petition petition petitioner). er). Accused Tarun Kumar was arrested on 18. 03. 2025. Accused Tarun Kumar was arrested on 18. 03. 2025. Accused Tarun Kumar was arrested on 18. 03. 2025. Accused Tarun Kumar was arrested on 18. 03. 2025.
On interrogation, he On interrogation, he On interrogation, he On interrogation, he suffered disclosure statement to the effect that out of greed to earn more moneysuffered disclosure statement to the effect that out of greed to earn more moneysuffered disclosure statement to the effect that out of greed to earn more moneysuffered disclosure statement to the effect that out of greed to earn more money as well as on asking of the petitioner, he alongwith the petitioner had providedas well as on asking of the petitioner, he alongwith the petitioner had providedas well as on asking of the petitioner, he alongwith the petitioner had providedas well as on asking of the petitioner, he alongwith the petitioner had provided the bank details othe bank details of the account of the company/firm in which he himself andf the account of the company/firm in which he himself andf the account of the company/firm in which he himself and Kamla wife of the petitioner were partners/shareholders.
Kamla wife of the petitioner were partners/shareholders. Kamla wife of the petitioner were partners/shareholders. Kamla wife of the petitioner were partners/shareholders. He alongwith the He alongwith the He alongwith the He alongwith the petitioner had allowed use of their bank accounts and had even gone to Nepal topetitioner had allowed use of their bank accounts and had even gone to Nepal topetitioner had allowed use of their bank accounts and had even gone to Nepal topetitioner had allowed use of their bank accounts and had even gone to Nepal to take commission money for the transactionstake commission money for the transactions which had taken place through thewhich had taken place through thewhich had taken place through the bank account of his firm. bank account of his firm. bank account of his firm. bank account of his firm.
He also disclosed that some persons hailing from He also disclosed that some persons hailing from He also disclosed that some persons hailing from He also disclosed that some persons hailing from China as well as Nepal had met them who had disclosed that they were involvedChina as well as Nepal had met them who had disclosed that they were involvedChina as well as Nepal had met them who had disclosed that they were involvedChina as well as Nepal had met them who had disclosed that they were involved in business of cyber crime in India and needin business of cyber crime in India and need several bank accounts for thator that purpose. purpose. purpose. purpose. He also disclosed that the petitioner and he himself had received He also disclosed that the petitioner and he himself had received He also disclosed that the petitioner and he himself had received He also disclosed that the petitioner and he himself had received amount of commission.
The petitioner was nominated as an accused and he wasamount of commission. The petitioner was nominated as an accused and he wasamount of commission. The petitioner was nominated as an accused and he wasamount of commission. The petitioner was nominated as an accused and he was arrested on 18. 03. 2025. arrested on 18. 03. 2025. arrested on 18. 03. 2025. arrested on 18. 03. 2025. He too suffered disclosure statement admitting his He too suffered disclosure statement admitting his He too suffered disclosure statement admitting his He too suffered disclosure statement admitting his involvement in theinvolvement in the crime. Investigation qua him now stands concluded. crime. Investigation qua him now stands concluded. 4.
It is argued by learned counsel for the petitioner that he has beenIt is argued by learned counsel for the petitioner that he has beenIt is argued by learned counsel for the petitioner that he has beenIt is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of disclosure statement of the cofalsely implicated in this case on the basis of disclosure statement of the cofalsely implicated in this case on the basis of disclosure statement of the co--accused which cannot beaccused which cannot be considered to be admissible ito be admissible in evidence. n evidence. He was not He was not named in the FIR. named in the FIR. named in the FIR. named in the FIR. He is in custody since long. He is in custody since long. He is in custody since long. He is in custody since long. He is not beneficiary of any He is not beneficiary of any He is not beneficiary of any He is not beneficiary of any transaction. transaction. transaction. transaction.
He had nothing to do with the concerned bank account which was He had nothing to do with the concerned bank account which was He had nothing to do with the concerned bank account which was He had nothing to do with the concerned bank account which was in the name of coin the name of co-accused Tarun Kumar and his wife Kamla. accused Tarun Kumar and his wife Kamla. accused Tarun Kumar and his wife Kamla. Kamla has been Kamla has been Kamla has been found to be innocent. The subject offences are triable by Magistrate. No usefulnd to be innocent. The subject offences are triable by Magistrate. No usefulnd to be innocent. The subject offences are triable by Magistrate. No usefulnd to be innocent. The subject offences are triable by Magistrate. No useful purpose would be served by detaining him in custody anymore. purpose would be served by detaining him in custody anymore. purpose would be served by detaining him in custody anymore.
purpose would be served by detaining him in custody anymore. The trial will The trial will The trial will The trial will take considerable time to conclude as none out of 49 prosecution witnesses hastake considerable time to conclude as none out of 49 prosecution witnesses hastake considerable time to conclude as none out of 49 prosecution witnesses hastake considerable time to conclude as none out of 49 prosecution witnesses has been examined so far. been examined so far. His previous petition had been dismissed as withdrawnHis previous petition had been dismissed as withdrawnHis previous petition had been dismissed as withdrawn on 09. 07. 2025 and a period of more than 09 months has expired thereafter. on 09. 07. 2025 and a period of more than 09 months has expired thereafter. on 09. 07. 2025 and a period of more than 09 months has expired thereafter. on 09. 07. 2025 and a period of more than 09 months has expired thereafter.
Each day spent by him in custody has furnished him a ground afresh to seekEach day spent by him in custody has furnished him a ground afresh to seekEach day spent by him in custody has furnished him a ground afresh to seekEach day spent by him in custody has furnished him a ground afresh to seek concession of bail. It is, thus argued that theconcession of bail. It is, thus argued that the petition deserves to be allowed. petition deserves to be allowed. 5.
Per contra, learned State counsel assisted by learned counsel for thePer contra, learned State counsel assisted by learned counsel for thePer contra, learned State counsel assisted by learned counsel for thePer contra, learned State counsel assisted by learned counsel for the complainant has argued that the allegations against the petitioner are serious incomplainant has argued that the allegations against the petitioner are serious incomplainant has argued that the allegations against the petitioner are serious incomplainant has argued that the allegations against the petitioner are serious in nature. In fact, it wasit was he who was running the firm M/s. Shri Ramwas running the firm M/s. Shri Ram Stainless and Stainless and his mobile phones were registered in the bank account of that firm. his mobile phones were registered in the bank account of that firm. his mobile phones were registered in the bank account of that firm.
his mobile phones were registered in the bank account of that firm. Even his Even his Even his Even his wife Kamla posted in Cyber Crime West, Gurugram had recorded her statementwife Kamla posted in Cyber Crime West, Gurugram had recorded her statementwife Kamla posted in Cyber Crime West, Gurugram had recorded her statementwife Kamla posted in Cyber Crime West, Gurugram had recorded her statement that though she was a partner in the firm M/s. Shri Ram Stainless but in fact thethat though she was a partner in the firm M/s. Shri Ram Stainless but in fact thethat though she was a partner in the firm M/s. Shri Ram Stainless but in fact thethat though she was a partner in the firm M/s.
Shri Ram Stainless but in fact the entire business of the same was looked after by her husband and her brotherbusiness of the same was looked after by her husband and her brotherbusiness of the same was looked after by her husband and her brotherbusiness of the same was looked after by her husband and her brother Tarun Kumar and the bank account in question was also operated by them. Tarun Kumar and the bank account in question was also operated by them. Tarun Kumar and the bank account in question was also operated by them. Tarun Kumar and the bank account in question was also operated by them. An An An An amount of Rs. 58 lakhs was deposited in the bank account of the petitioner whichamount of Rs. 58 lakhs was deposited in the bank account of the petitioner whichamount of Rs. 58 lakhs was deposited in the bank account of the petitioner whichamount of Rs.
58 lakhs was deposited in the bank account of the petitioner which was subsequently withdrawn andwas subsequently withdrawn and transferred totransferred to other accounts which shows his which shows his active complicity in the crime. His antecedents are not clean as he is involved inactive complicity in the crime. His antecedents are not clean as he is involved inactive complicity in the crime. His antecedents are not clean as he is involved inactive complicity in the crime. His antecedents are not clean as he is involved in one more case registered at Police Station Purba Medinipur, West Bengal. one more case registered at Police Station Purba Medinipur, West Bengal. one more case registered at Police Station Purba Medinipur, West Bengal. one more case registered at Police Station Purba Medinipur, West Bengal.
There are chances of his absconding or committing similar offences, if extendedThere are chances of his absconding or committing similar offences, if extendedThere are chances of his absconding or committing similar offences, if extendedThere are chances of his absconding or committing similar offences, if extended benefit of bail. enefit of bail. enefit of bail. enefit of bail. It is, therefore, argued that the petition does not deserve to be It is, therefore, argued that the petition does not deserve to be It is, therefore, argued that the petition does not deserve to be It is, therefore, argued that the petition does not deserve to be allowed. 6.
The petitioner along with the coThe petitioner along with the co-accused is alleged to have hatchedaccused is alleged to have hatchedaccused is alleged to have hatched a conspiracy to commit online fraud/cheating by inducing public persons to parta conspiracy to commit online fraud/cheating by inducing public persons to parta conspiracy to commit online fraud/cheating by inducing public persons to parta conspiracy to commit online fraud/cheating by inducing public persons to part with huge amount of money and in pursuance thereof, coount of money and in pursuance thereof, coount of money and in pursuance thereof, co-accused by extendingaccused by extending threatsthreatsthreatsthreats to to to to the the the the complainant complainant complainant complainant had had had had caused caused caused caused wrongful wrongful wrongful wrongful loss loss loss loss to to to to the the the the tune tune tune tune of of of of Rs.
3,03,00,000/-- to her by making her transfer this much amount in differentto her by making her transfer this much amount in differentto her by making her transfer this much amount in different bank accounts. The allegations reveal active andbank accounts. The allegations reveal active andbank accounts. The allegations reveal active and prima facie participation of the prima facie participation of the petitioner in the crime. petitioner in the crime. He was nominated during investigation on the basis ofHe was nominated during investigation on the basis ofHe was nominated during investigation on the basis of disclosure statement of codisclosure statement of co-accused Tarun Kumar. accused Tarun Kumar. He is He is also alleged to have alleged to have actively participated in the crime by getting the bank account opeactively participated in the crime by getting the bank account opeactively participated in the crime by getting the bank account operative in therative in the name of M/s.
Shri Ram Stainless used for the purpose of transfer of an amountname of M/s. Shri Ram Stainless used for the purpose of transfer of an amountname of M/s. Shri Ram Stainless used for the purpose of transfer of an amountname of M/s. Shri Ram Stainless used for the purpose of transfer of an amount of Rs. 58 lakhs, transferred from the bank account of the complainant and getting, transferred from the bank account of the complainant and getting, transferred from the bank account of the complainant and getting, transferred from the bank account of the complainant and getting the same transferred further and also allegedly receiving commission as well asthe same transferred further and also allegedly receiving commission as well asthe same transferred further and also allegedly receiving commission as well asthe same transferred further and also allegedly receiving commission as well as part of proceeds of the fraudulent transactions. t of proceeds of the fraudulent transactions.
t of proceeds of the fraudulent transactions. t of proceeds of the fraudulent transactions. The first petition filed by the The first petition filed by the The first petition filed by the The first petition filed by the petitioner was dismissed as withdrawn on 09. 07. 2025petitioner was dismissed as withdrawn on 09. 07. 2025petitioner was dismissed as withdrawn on 09. 07. 2025. There has been no has been no substantial or drastic changesubstantial or drastic change in circumstances fromcircumstances from the dismissal of his previous his previous petition. The allegatThe allegations against the petitioner clearlyagainst the petitioner clearly indicate his involvement indicate his involvement in the operational layer of a wellrational layer of a well-organized cyber fraud, wherein a retireded cyber fraud, wherein a retired female female was duped of a substantial amount by keeping her under digital arrest. Thewas duped of a substantial amount by keeping her under digital arrest.
Thewas duped of a substantial amount by keeping her under digital arrest. Thewas duped of a substantial amount by keeping her under digital arrest. The magnitude of the amount involved, thethe amount involved, the organized manner in which the offenceed manner in which the offenceed manner in which the offence waswaswaswas allegedly allegedly allegedly allegedly committed committed committed committed and and and and the the the the petitioner’s petitioner’s petitioner’s petitioner’s alleged alleged alleged alleged role role role role in in in in facilitating facilitating facilitating facilitating withdrawal of fraudulently obtained money prima facie reflect the seriousness ofwithdrawal of fraudulently obtained money prima facie reflect the seriousness ofwithdrawal of fraudulently obtained money prima facie reflect the seriousness ofwithdrawal of fraudulently obtained money prima facie reflect the seriousness of the allegations levelled against him.
Such like cases are on rthe allegations levelled against him. Such like cases are on rthe allegations levelled against him. Such like cases are on rise and everydayise and everyday one hears about innocent public persons being duped of their hard earnedone hears about innocent public persons being duped of their hard earnedone hears about innocent public persons being duped of their hard earnedone hears about innocent public persons being duped of their hard earned money. The apprehension raised by the respondent that he may commit similarmoney. The apprehension raised by the respondent that he may commit similarmoney. The apprehension raised by the respondent that he may commit similarmoney. The apprehension raised by the respondent that he may commit similar offences or abscond cannot be stated to be unfounded at this stage. Keeping inoffences or abscond cannot be stated to be unfounded at this stage. Keeping inoffences or abscond cannot be stated to be unfounded at this stage.
Keeping inoffences or abscond cannot be stated to be unfounded at this stage.
Keeping in view the nature of the allegations as levelled against the petitioner, quantum ofture of the allegations as levelled against the petitioner, quantum ofture of the allegations as levelled against the petitioner, quantum ofture of the allegations as levelled against the petitioner, quantum of sentencesentencesentencesentence which which which which the the the the conviction conviction conviction conviction may may may may entail entail entail entail and and and and the the the the attendant attendant attendant attendant facts facts facts facts and and and and circumstances of the case, this Court is of the opinion that the petitioner does notcircumstances of the case, this Court is of the opinion that the petitioner does notcircumstances of the case, this Court is of the opinion that the petitioner does notcircumstances of the case, this Court is of the opinion that the petitioner does not deserve to be released on bail. deserve to be released on bail.
Accordingly, the petition is dismissed. petition is dismissed. 7. It is made clear that any observation made herein above is only forIt is made clear that any observation made herein above is only forIt is made clear that any observation made herein above is only forIt is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearingthe purpose of deciding the present petition and the same shall have no bearingthe purpose of deciding the present petition and the same shall have no bearingthe purpose of deciding the present petition and the same shall have no bearing on the merits of the case. on the merits of the case. (MANISHA BATRA)(MANISHA BATRA) JUDGE 28. 04. 2026 Whether speaking/reasoned:- Yes/NoYes/No Amit Sharma Whether reportable:- Yes/No
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