The prima facie case against an applicant must be a primary consideration when deciding anticipatory bail, regardless of custodial interrogation needs.

The prayer in the present petition under Section 482 of BNSS , 2023 is for the grant of anticipatory bail to the petitioner in case FIR No.0217 dated 07.06.2025 under Section 318(4) of BNS registered at Police Station Bilaspur, District Gurugram.

2. The present FIR came to be registered at the instance of Sonu and reads as under:-

To, SHO Sir, Bilaspur, Gurugram. Respected sir, Regarding cheating me by making a deal with me for the land, collecting the full price of Rs.1,30,00000/- from me and getting the same land transferred in the name of his son, thereby cheating me. The applicant makes the following request. 1. Respected sir, That I Sonu son of Sh. Bahal Singh son of Sh. Ramswaroop is permanent resident of village chandla Dugarwas, Tehsil Manesar, District Gurugram. 2. Sir I have purchased a land which is khewat Khata No.152/157, Mustil No.73, killa no. 22/2 (4-0), 23/1 (5-19), 23/3 (0-9), 1/12 share of kitta 3 area 10 Kanal 8 Marla, Bakdar 0 Kanal 17 Marla 3 Sarsai and Khewat/khata no.153/158, Musteel No.100, Killa no.2/2 (4-0) 3(8-0), 8/1 (40), 9(80), 10/1 (20) Kita 5, area 26 Kanal 0 Marla, 1/21 part of which is Bakdar 2 Kanal 3 Marla 3 Sarsai, thus, the toral area of the above Khewat accounts in 3 Kanal 0 Marla 6 Sarsai, located in Manesar, Tehsil Manesar, District Gurugram, purchased from Sahdev, son of late Rampal, son of Shri Ram, resident of village Manesar, Tehsil Manesar, District Gurugram. 3. Sir, I came to know that the defendant has transferred the same property which was sold to me to his son Shivansh of Shri Sahdev son of Shri Rampal, resident of village Manesar, Tehsil Manesar, District Gurugram, vide Will No. 10835 dated 21/11/2024. It is important to mention here that the defendant was fully aware of son the agreement dated 29/10/2024 between us regarding the above land which was executed by the defendant in my favour and later the defendant transferred the same land in the name of his son through wrong, illegal and fraudulent means which is wrong, illegal and against the law. 4. Sir, the defendant entered into an agreement with the plaintiff on 29/01/2024 for sale of the above land and the total sale price between the plaintiff and the defendant was fixed at Rs. 1,30,00,000/- (Rupees One Crore Thirty Lakh only) and the defendant assured the plaintiff that The above land is free from all encumbrances. Sir, it is important to state here that after making the full and final payment for the land, the defendant handed over possession of the land to me and I have paid the entire sale price of Rs. 1,30,00,000/- to the defendant In the following manner: (i) Rs. 17,50,000/-through RTGS bearing No. CNRBR52024091788845356 dated 17/09/2024, (ii) Rs.3,00,000/- through Cheque bearing No. 202056 dated 17/09/2024, (iii) Rs.15,00,000/- through RTGS bearing No. SBINR52024092550534193 dated 25/09/2024, (iv) Rs.20,00,000/- through RTGS vide SBINR520240949097849 dated 19/09/2024, (v). Rs.14,00,000/- through RTGS vide number HDFCR52024100197933636 dated 01/10/2024, (vi) Rs.20,00,000/- through RTGS vide number CNRBR52024092089147552 dated 20/09/2024, (vii). Rs.7,00,000/- through RTGS whose number is SBINR52044101454889908 14/10/2024 and Rs. 33,50,000/- in cash was dated received by the above mentioned Sahdev in the presence of witness Vinod Kumar son of Shri Dhoop Singh, resident of village Dhani District Shankar Wali, Tehsil Pataudi, Gurugram as full and final payment of the agreement and the conditions of the agreement which were made between me and the defendant are written on that agreement and the conditions of the agreement are as follows: (i) It is that the buyer can get the registry/bayanama/mukhyaranama done whenever he wants, there will b