IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 23.03.2026 Balwinder Singh ... Petitioner Versus State of Punjab ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Jatinder Singh Mundi, Advocate, for the petitioner.

Ms. Sakshi Bakshi, AAG, Punjab, for the respondent-State.

Mr. Kamaldip Singh Sidhu, Advocate, for the complainant.

***

MANISHA BATRA , J. (Oral)

1. The instant one is the second petition as filed by the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”) seeking regular bail in case arising out of FIR No.40 dated 30.03.2024 registered under Sections 420, 467, 468 and 471 of IPC (Sections 120-B and 201 of IPC added later on) at Police Station Baghapurana, District Moga. His previous petition bearing CRM-M-

28263-2025 was dismissed as withdrawn vide order dated 17.09.2025.

2. The aforementioned FIR was registered on the complaint lodged by the complainant alleging therein that on 21.06.2022, the accused Rajwinder Singh had entered into an agreement to sell 18 acres of land owned by him and situated at Village Samadh Bhai-2, Tehsil Baghapurana, District Moga @ Rs.19 lakhs per acre. An amount of Rs.33 lakhs was given by the complainant in cash to Rajwinder Singh and Rs.5 lakhs was given through cheque. As per the terms of the agreement, the sale deed was to be registered on 05.06.2023. Thereafter, during the period from 25.07.2022 till 06.08.2022, Rajwinder Singh received different amounts of money from the complainant and the total amount so paid came to be Rs.83,50,000/-. However, he started avoiding registration of sale deed by making excuses and then the complainant came to know that he had entered into an agreement to sell the same land with one Rajdeep Singh Bhangu on 12.05.2022 and had received a sum of Rs.40 lakhs from him. On being questioned, he started extending threats to the complainant. By alleging that with an intention to cheat him and to cause wrongful loss of money to the complainant, accused Rajwinder Singh had entered into an agreement with him and received payment, the complainant prayed for taking action in the matter.

3. On receipt of complaint, initially an inquiry was conducted in the matter and the above named Rajwinder Singh made an undertaking before the police that he would return an amount of Rs.25 lakhs to the complainant on 26.12.2022 and another amount of Rs.8 lakhs within next ten days. He, however, failed to pay that amount. It was also revealed that infact, it was the petitioner who is brother-in-law of accused Rajwinder Singh who had impersonated himself as Rajwinder Singh and had executed agreement in favour of the complainant by representing himself as Rajwinder Singh. Accused Rajwinder Singh admitted that this was done in connivance with the petitioner and his wife and one Gurlal Singh who had forged the Aadhar Card of Rajwinder Singh. The petitioner was then nominated as accused. He was arrested on 16.01.2025. Some other persons were also arrested. Investigation now stands completed.

4. It is argued by learned counsel for the petitioner that he is in custody since 16.01.2025. He has been falsely implicated in this case. The dispute between the parties is of civil nature which has been given a criminal colour. He never executed any agreement to sell in favour of the complainant. No money has been received by him. He had nothing to do with the land in question. The co-accused Rajpreet Kaur, Rajwinder Singh and Gurlal Singh have been extended benefit of bail. On parity, he too deserves to be extended the same benefit. The subject offences are triable by Magistrate. The trial would take considerable time to conclude. No useful purpose would be served by detaining him in custody any more. It is, therefore, argued that he deserves to be released on bail.

5. Status report and custody certificate have been filed. Learned Assistant Advocate General, Punjab assisted by learned counsel for the complainant has arg