Punjab-Haryana High Court
Md. Kasif vs State Of Haryana on 1 April, 2026
CRM-M No.7305 of 2026 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
229
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CRM-M No.7305 of 2026
Date of decision : 1.4.2026
Date of uploading : 1.4.2026
Md. Kasif .............Petitioner
Versus
State of Haryana .......Respondent
CORAM: HON'BLE MR. JUSTICE SUMEET GOEL
Present: Mr. Omkar Chauhan, Advocate, for the petitioner
Mr. Gurmeet Singh, AAG, Haryana
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SUMEET GOEL, J. (ORAL)
1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the petitioner in case FIR No.312 dated 28.8.2025 under Sections 318(4), 319 of Bharatiya Nyaya Sanhita, 2023 (Sections 338, 336(3), 340(2), 61(2) of BNS and Section 66-D of Information Technology Act, 2000 added later on), registered at Police Station Cyber Crime West, Gurugram.
2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-
'1. The Complainant Company received complaints from customers in relation to fraud transactions that happened with the customer by unidentified individual(s)/ group of people through the impersonation of a representative of the Complainant Company. We had received contact ASHWANI KUMAR 2026.04.01 17:20 I attest to the accuracy and integrity of this document CRM-M No.7305 of 2026 -2- details of the individual impersonating as the representative of Complainant Company and proof of payment done by customer in the individual's bank accounts/ UPI ID from certain customers.
2. That the cybercriminals frequently change their mobile numbers to commit fraud with customers. Recently, one stich fraudster, using mobile number 91 7503452749, contacted an employee of the Complainant Company and requested details of newly disbursed customers, including loan number, disbursement amount, processing fee, and mobile number In return, the fraudster offered monetary compensation to the employee in exchange for this confidential information.
3. The complainant companies employees, under the pretext of being associates of the fraudster, disclosed customer data to the fraudster.
Subsequently, we have inadvertently provided the fraudster with the following contract numbers 4505155123.4505144513 and 4505158478 and mobile numbers. as customer contact details: 8448394418, 9711789867. and 9813819502 (related to our internal employees) respectively, along with other sensitive information such as custonier naines, loan disbursement amount, EMI amount, EMI Temure, and loan amounts.
4. The frandster subsequently contacted the above-mentioned auinbers using mobile number 91 8252562090 During these calls, he denufied hunsell as "Ashutosh Sharma from Home Credit" when speaking to the numbers 84 181944-418 and 981.3819502, and as "Mohd. Wasim from Home Credit" when speaking to 4711789867. Call recordings related to these commununications are also available to assist with the investigation.
5. Through this deception, the fraudster provided his bank details:-
Account Holder Name: Satyam Kumar Account Number: 171901000015878 IFSC Code 10BA0001719 AND Bank Name: Indian Overseas Bank Account Holder Name. Akhilesh Kumar Account Number: 20312658763 IFSC Code: SBIN0000026 And Bank Name: State Bank of India The fraudster provided the bank details to deceive the customers by posing as a company's representative, with the intent to receive the loun amount into his bank account.ASHWANI KUMAR 2026.04.01 17:20 I attest to the accuracy and integrity of this document CRM-M No.7305 of 2026 -3-
6. It is also brought to your attention that the fraudster has already committed fraud using the details of one of our customers, as outlined below.
Contract Code Customer Name UPI ID on which payment made by customer Mobile No from which call was received by customer Amount paid by customer to fraudster 4502964967 Dipalihomecredit 1290@oksbi 8247575065 7044910687. 65000-
7. That the above act has caused financial damage to the Complainant Company at large and degraded the status of the Company among the people of the state.
In reference to the above recited facts and incidents, it appears that a cognizable offence has been conanitted agamst the Complainant Company. At present, the Cumplamant Company is unable to ascertain the identity of other individuals who may be involved in this conspuacy to defraud the Company. Therefore, we respectfully request that the FIR be registered, and a comprehensive investigation be initiated to identify all persons involved in the acts of impersonation forgery, and cheating, so that appropriate legal action away be taken under the relevant provisions of law.
Thanking You Sd/-
For Flome Credit India Finance Private Limited Name Anand Pal Authorized Representative Mobile 9953647282.'
3. Learned counsel for the petitioner has argued that the petitioner is in custody since 30.8.2025. Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further submitted that the prime allegation made by the complainant-company is that of 'data theft' but, at this stage, there is no statement of any victim available with the police so as to reflect that any person actually defrauded anyone. Learned counsel has further submitted that the petitioner has already suffered incarceration for more than 7 ASHWANI KUMAR 2026.04.01 17:20 I attest to the accuracy and integrity of this document CRM-M No.7305 of 2026 -4- months and is a man with clean antecedents. Thus, regular bail is prayed for.
4. Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 30.3.2026 in Court, which is taken on record.
5. I have heard counsel for the parties and have gone through the available records of the case.
6. The petitioner was arrested on 30.8.2025 wherein after investigation was carried out; challan was prepared on 26.11.2025 and subsequently filed. Total 6 prosecution witnesses have been cited and it is not in dispute that none has been examined till date. It is thus indubitable that culmination of trial will take its own time. The rival contentions raised at Bar give rise to debatable issues which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence.
6.1 As per custody certificate dated 30.3.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 7 months and 2 days & is not shown to be involved in any other case.
Suffice to say, further detention of the petitioner as an undertrial ASHWANI KUMAR 2026.04.01 17:20 I attest to the accuracy and integrity of this document CRM-M No.7305 of 2026 -5- is not warranted in the facts and circumstances of the case.
7. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:-
(i) The petitioner shall not mis-use the liberty granted.
(ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.
(iii) The petitioner shall not absent himself on any date before the trial.
(iv) The petitioner shall not commit any offence while on bail.
(v) The petitioner shall deposit his passport, if any, with the trial Court.
(vi) The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.
(vii) The petitioner shall not in any manner try to delay the trial.
(viii) Apart from the above conditions, the petitioner shall be required to deposit either FDR or bank guarantee in favour of the Court releasing him on bail, to the tune of ₹4 lakhs. There is no gain saying that in case the petitioner default in any manner whatsoever, the said amount shall be forfeited immediately, in accordance with law.
8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed ASHWANI KUMAR 2026.04.01 17:20 I attest to the accuracy and integrity of this document CRM-M No.7305 of 2026 -6- hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner.
9. Ordered accordingly.
10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.
(SUMEET GOEL) JUDGE 1.4.2026 Ashwanii Whether speaking/reasoned: Yes/No Whether reportable: Yes/No ASHWANI KUMAR 2026.04.01 17:20 I attest to the accuracy and integrity of this document