IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

228 CRM-M-37323-2025 Date of decision: 07.11.2025 Varun Puri ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MS. JUSTICE AARADHNA SAWHNEY Present : Mr. Vinod Ghai, Senior Advocate with Ms. Kashish Sahni, Advocate and Mr. Sharvi Dadhwal, Advocate for the petitioner.

Mr. Hardeep Hans, AAG, Punjab.

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AARADHNA SAWHNEY, J.(ORAL)

1. By virtue of the present petition under Section 483 BNSS, petitioner, an accused in case bearing FIR No.384 dated 23.11.2018 registered against him, for commission of offences punishable under Sections 406, 420, 120-B of IPC at Police Station Kherki Daula, District Gurugram, has prayed for grant of bail.

2. In brief, the allegations against the petitioner are as follows:-

That the applicants/complainant are a peace loving citizen currently residing at H.No. 127 Ist Floor Sector 46, Gurgaon Haryana-122001. That the complainant has named 4 person as the accused in the captioned complaint namely accused no 1 M/s Universal Buildwell Pvt Ltd and Sh Rahman Puri Managing Director of accused company, Varun Puri and Vikrampuri Director and authorised signatory of the accused company. It is pertinent to note that accused no. 1 to 4 are also the promoters of the accused no. 1 company that the accused no. 1 to 4 are the promoter Director of accused no. 1 company and are related to each other. Factual matrix A. That the complainant entered into an agreement to sell dated 16.01.2013 with I Mrs. Gurdeep Kaur for buying Flat No 604, Tower I at Sector 82 Universal Aura, Gurgaon, Haryana. Copy of agreement to sell dated 16.01.2013 annexed herewith as Annexure C-1. B.-That the accused persons in connivance with each other began collecting the booking amount and started raising subsequent demands even before obtaining the building plan approval from DTCP, Haryana which is in gross violation of Clause-7 of License No. 51 of 2011. The builder had advertised the said project through a full page ad in the leading newspaper and also through property dealer, which of license is contravention as per the terms and conditions (No.07) of license No. 51 and thus lured the complainants into buying the said property without having any intention. Whatsoever to deliver the possession of the said property to the complainants but to usurp the money of the complainants that even though the present complainant had purchased the said flat through resale but even before buying the property through the resale. From the previous allottees but even before buying the property through the resale from the previous allottees, the complainant was allured from the advertisement of the accused persons and their company. The pictures and the projection about the said flat was drawn from those advertisement of the accused company.

3. This complaint was filed before the learned Magistrate. Invoking powers under Section 156(3) Cr.P.C., criminal case vide FIR No.384 dated 23.11.2018 under Sections 406, 420, 120-B of IPC, was registered against petitioner and others.

4. Petitioner/accused who was arrested on 07.03.2025 moved an application for grant of bail before the learned Additional Sessions Judge, Gurugram. The same was dismissed vide order dated 14.05.2025. Aggrieved of the said order, the present petition has been filed.

5. Learned Senior counsel for the petitioner submits that petitioner has been falsely implicated in the present case. The dispute stems out of an alleged non-compliance of Builder Buyer agreement dated 10.10.2011 (Annexure P-4) executed in favour of the complainant, who had Rs.60 lakhs. Learned Senior counsel further submits that on account of financial distress, petitioner could not adhere to the terms and conditions of the aforesaid agreement. Further the allottees of units in the projects of UBPL including the complainant have taken the Company for CIRP/liquidation under the Insolvency and Bankruptcy Code, where vide order dated 03.07.2018, passed in IB 456 [ND]/2018,