IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 13^th October, 2025 Bijender Singh ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. D.S. Matya, Advocate for the petitioner.

Mr. Neeraj Poswal, Assistant Advocate General, Haryana.

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MANISHA BATRA, J (ORAL):-

The instant one is the second petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking grant of regular bail in case bearing FIR No. 161 dated 27.07.2022 registered under Sections 419, 420, 467, 468, 471, 120-B of IPC at Police Station Sushant Lok, District Gurugram. The first one was dismissed as withdrawn vide order dated 03.03.2025.

2. The aforementioned FIR was registered on the basis of a complaint submitted by Meenakshi Bhujwala alleging that she along with her husband Hormouj Bhujwala had purchased a 350 sq. meter plot in Sushant Lok, Phase-I, Gurugram vide a registered sale deed dated 16.10.1991 and ever since then she along with her husband was in possession of said plot. She had gone to the office of Sub Registrar Wazirabad as she was planing to raise construction on her plot and wanted some documents from the said office. On reaching there, she came to know that qua the plot owned by her husband and herself, a family relation deed bearing No. 5473 dated 28.06.2019 was registered in favour of one Ankit Bhujwala showing him to be as son of the complainant and her husband, whereas, they had no son with that name. Further, another sale deed bearing No. 12082 dated 24.10.2019 got registered by the above said Ankit Bhujwala in the name of one firm namely M/s Hardwari Lal Madan Gopal. She alleged that these deeds had been executed by impersonating herself and her husband and with intent to deprive her of her property in pursuance of some conspiracy.

3. After registration of FIR, investigation proceedings were initiated. During investigation, it was revealed that the purchaser firm Hardwari Lal Madan Gopal had secured loan of Rs.3,30,00,000/- for purchase of the plot belonging to the complainant and an amount of Rs. 1,40,24,500/- was transferred out of the said loan amount in the bank account of Ankit Bhujwala who was an impersonater in fact and the above said firm has misappropriated the home loan amount. The accused Sunit Garg, Shikha Garg and Swati Garg who were partners of the above named firm were joined into investigation as they were ordered to be released on interim bail and joined investigation. It was also revealed that the petitioner along with S.C. Arora, Advocate had stood as attesting witness to the above mentioned deeds and had identified the impersonators who projected himself as son of the complainant as well as Sunita Garg and had identified them. The petitioner who was already in custody in some other case was joined into investigation of this case on 03.01.2025 and was arrested in this case as well. Investigation qua against him now completed and challan has been presented.

4. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He was not related to the main accused nor he was beneficiary of the transaction. He was only working as a Peon/Clerk in the office of co-accused Subhash Chand Arora, who was a practising lawyer in District Courts, Gurugram and it was on asking of the said Subhash Chand Arora that he had stood as a witness along with him to identify Ankit Bhujwala and Sunita Garg while relying upon their identity proofs i.e. Aadhar Cards and believing them to be true. He is suffering from heart ailment and suffered heart attack in the year 2023. The sale deed/transfer deed as executed qua the property of complainant has since been cancelled. He has remained in custody for sufficient time. In fact, it is he who has been deceived by number of persons who made him identify themselves based on forged identity proofs. He has been extended benefit of anticipator