IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.226 Decided On : September 04, 2025 Naphay Singh .... Petitioner vs.

State of Haryana .... Respondent CORAM : HON’BLE MRS. JUSTICE SUKHVINDER KAUR.

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Present : Mr.Vinod Ghai, Senior Advocate with Mr. Arnav Ghai, Advocate Mr. Ankit Saini, Advocate and Ms. Kashish Sahni, Advocate for the petitioner.

Mr. P. K. Garg, DAG, Haryana.

Complainant in person.

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SUKHVINDER KAUR , J . :

The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in case FIR No. 399 dated 27.06.2024, registered under Sections 419, 420, 467, 468, 471 and 120-B IPC, registered at Police Station Saran, District Faridabad.

Brief facts of the case are that on 25.06.2024, the complainant namely Ashok Kumar made a complaint, stating therein that a plot measuring 240 sq. yds. had been entered in the name of his real brother- in-law, who had got it transferred in the name of his wife Poonam Arora vide gift deed dated 15.02.2010, mutation whereof was entered in the revenue department. Later on, on 21.05.2024, he received a telephonic call asking him if he wanted to sell half of his plot, as construction was going on by labour on remaining half portion of his plot. He inquired from his own resources regarding the same and on 21.06.2024, he moved online complaints through e-mail to the Commissioner of Police, Faridabad and to DGP, Haryana regarding said illegal construction. Thereafter, on visiting the site of plot personally on 25.06.2024, he came to know that one JMD Infra Pvt. Ltd. Properties had raised the said illegal construction on his plot, despite the fact that he had not sold his land to anyone. On the same day i.e. 25.06.2024, a complaint was moved to the concerned SHO of Police Station Saran, Faridabad. On inquiry, police procured some documents and showed the same to the complainant. To his great surprise, the petitioner, by impersonating some other lady in place of complainant’s wife Poonam Arora, by putting her fake signatures and affixing her photograph, got executed gift deed in his favour, whereas in reality, the complainant did not know any person in the name of Naphay Singh. On these allegations, FIR in hand was got registered.

Learned counsel for the petitioner submitted that the petitioner is himself a victim in the present case. In the year 2015, the complainant himself contacted the petitioner and on his willingness to sell 120 sq. yds. portion of the plot in question, he became ready to purchase the same. An agreement to sell dated 14.08.2015 was executed between the parties for sale consideration of Rs.5,00,000/- and petitioner also paid Rs.3,00,000/- as earnest money. He further contended that the complainant told him that in order to save the stamp duty, his wife would execute a gift deed in favour of the petitioner and did so on 16.10.2015 and mutation was also sanctioned on 21.09.2016. The petitioner, after purchasing said 120 sq. yds., raised some construction thereon and further sold the same to one Kanta Dhingra on 26.08.2019, mutation whereof was sanctioned on 24.03.2022. It was further urged by learned counsel for the petitioner that at the time of execution of gift deed dated 16.10.2015, aforesaid Poonam Arora wife of complainant Ashok Arora also produced documents like Aadhar Card, Ration Card, Photographs etc. However, due to complaint made by said Ashok Arora, the petitioner was arrested on 22.01.2025.

Learned counsel for the petitioner submitted that the petitioner is a simpleton agriculturist, who had followed the advice of sellers, for getting executed the gift deed in question. Had there been any ill intention in his mind, he would not have raised construction on the plot in question. It is also highly improbable to imagine that the complainant and his wife did not visit their plot for about ten years and did not come to know about the same. He submitted that petitioner is in cu