The Punjab and Haryana High Court dismissed an anticipatory bail plea of an accused booked in a case of cyber crime which involved financial extortion and impersonation of law enforcement Officials. The High Court was of the view that the same posed a serious threat to public confidence in digital transactions.

The High Court was considering a Petition filed under section 482 of the CrPC seeking the grant of anticipatory bail in a case registered under Sections 419, 420, 170, 384, 20, 204,120-B of the IPC, at Police Station Cyber Crime Bhiwani.

The Single Bench of Justice Manjari Nehru Kaul held, “Cyber crime of this magnitude, involving financial extortion and impersonation of law enforcement officials, poses a serious threat to public confidence in digital transactions. Given the sophisticated nature of the crime and the alleged role of the petitioner in financial transactions, custodial interrogation is imperative to unearth the entire conspiracy, identify other perpetrators, trace the proceeds of crime, and prevent the recurrence of such frauds. Mere absence of antecedents cannot be a ground for anticipatory bail when the offence itself is of an extremely serious nature involving a large scale fraudulent opeartion.”

Advocate Satish Chudhary represented the Petitioner.

Factual Background

The present case involved a planned cyber fraud wherein the complainant, an elderly person, was deceitfully trapped into a well-orchestrated extortion scheme. It was alleged in the FIR that the complainant received a video call from an unknown woman, who manipulated him into engaging in an inappropriate act while simultaneously recording his face through screen capture. Subsequently, the complainant received a call from a person claiming to be an officer of the Delhi Crime Branch, falsely informing him that an obscene video involving him had surfaced on YouTube and that legal action was imminent.

The caller directed him to a so-called "YouTuber" who could allegedly remove the video in exchange for substantial monetary payments. The complainant was coerced into transferring large sums of money in multiple transactions across various bank accounts. Each time an amount was deposited, fresh demands were made under different pretexts, including the need for further payments to delete the video and obtain foreign "stamps" for procedural formalities. Through this deceitful mechanism, the complainant was defrauded of approximately Rs.36,84,300. The investigation revealed that multiple persons, including the petitioner, were involved in the syndicate, systematically extorting money from victims through digital and financial manipulation.

Reasoning

The Bench found that allegations against the petitioner were grave and prima facie disclosed his active participation in a well organized cyber- criminal syndicate engaged in systematic financial fraud. “The modus operandi adopted by the accused persons reveals a deliberate, calculated, and premeditated plan to defraud unsuspecting persons by exploiting their fear and social vulnerabilities”, it said.

As per the Bench, the argument that the petitioner was not named in the FIR did not, by itself, entitle him to the extraordinary concession of anticipatory bail, particularly when the investigation had uncovered his financial links to the crime.

“The claim that the FIR was lodged belatedly is also untenable, as cases of such nature often involve victims taking time to muster the courage to report such incidents. Furthermore, the disclosure statement of a co-accused, when prima facie corroborated with independent material, such as, bank transactions, mobile call records, and digital evidence, cannot be dismissed outright at this stage”, it stated.

Considering the sophisticated nature of the crime and the alleged role of the petitioner in financial transactions, the Bench held that the custodial interrogation is imperative to unearth the entire conspiracy and dismissed the bail plea.

Cause Title: Tabrej @ Tarif v. State of Haryana (Neutral Citation: 2025:PHHC:037053)

Appearance:

Petitioner: Advocate Satish Chudhary

Click here to read/downlaod Order

















Punjab & Haryana High CourtJustice Manjari Nehru Kaul

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.