IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 11.11.2025 Tanuj @ Tanuj Kumar Singh ....Petitioner V/s State of Haryana ....Respondent CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Vinod Ghai, Senior Advocate with Mr. Keshav Pratap Singh, Advocate, Mr. Arnav Ghai, Advocate and Mr. R.S. Bagga, for the petitioner (s).

Mr. Gurmeet Singh, AAG, Haryana.

Dr. Anmol Rattan Sidhu, Senior Advocate with Mr. Kunwar Rajan, Advocate for the complainant.

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SUMEET GOEL, J. (ORAL)

1. Present petition has been filed under Section 483 of BNSS 2023 on behalf of the petitioner for grant of regular bail in case bearing FIR No.143 dated 11.11.2024 registered under Sections 420, 467, 468, 471, 120-B of IPC, at Police Station DLF-II, District Gurugram.

2. The case set up in the FIR in question (as set out by the petitioner in the present petition) is as follows:-

“The complainant had filed complaint dated 18.07.2024 against (i) Mrs. Shashi Bala, (ii) Mr. Tanuj Kumar and (iii) Mr. Rishipal Singh in continuation of police complaint dated 26.06.2024 wherein it is mentioned that an agreement to sell dated 16.05.2024 was entered between the complainant and the accused persons, wherein the accused persons agreed to sell and the complainant agreed to purchase and acquire all rights, title and interests of the accused persons in the property, bearing description as plot bearing No. 14, Road No. K-14, ad-measuring 146.93 sq. meters situated in the residential colony known as DLF City Phase-II (formerly known as DLF Qutub Enclave Complex) located around Village Sarhaul, Tehsil and District Gurugram, Haryana, a residential buildup house with basement. Stilt, First Floor, Second Floor, Third Floor, Fourth Floor and Terrace Floor with Occupation certificate Memo no. 12210, dated 10/10/2022, on and bounded as East Road West: Plot No. K-14/13 North: Road South: Creche (hereinafter referred to as the "said property"). The complainant in a bonafide manner had entered into the Agreement to Sell with accused persons who represented themselves as owner of said property. However, since the very inception, the accused persons had malicious intent to dupe the complainant. It was agreed between the parties to the ATS that the said property shall be sold by the accused persons and will be purchased by the complainant for a total consideration amount of INR 6,10,00,000/(Rupees Six Crore Ten Lakh Only) ("Total Consideration"). The complainant paid an amount of INR 61,00,000/- (Rupees Sixty-One Lakh Only) as earnest money ("Earnest Money") to the accused persons for the purchase of the said property. Furthermore, an amount of INR 3,00,000/(Rupees Three Lakh Only) has been deposited as TDS ("TDS") in lieu of purchase of the said property by the buyer vide two TDS Challans of INR 1,50,000/- (Rupees One Lakh Fifty Thousand Only) each, bearing challan numbers 00517 and 00577, both dated 25.06.2024. The accused persons had taken a loan on the said property, issued by ICICI Bank Limited through ICICI Bank Home Loan Account No. LBGHZ00005837204 ("Loan"). The accused persons and the complainant mutually agreed that the Loan will be cleared by the complainant post registration of the property at the office of Sub-Registrar, Gurgaon on behalf of the accused persons. Complainant, on the directions of the accused persons, prepared a Demand Draft dated 26.06.2024 to the tune of INR 2,67,30,000/(Rupees Two Crore Sixty-Seven Lakh Thirty Thousand Only) in favour of 'ICICI BANK LTD LOAN A/C NO. LBGHZ00005837204', which was to be handed over to the accused persons at the time of registration of sale deed at the office of Sub-Registrar, Gurgaon, Haryana, for clearing the loan taken by the accused persons against the mortgage of the said property. Furthermore, including the earnest money and the TDS paid by the complainant, the complainant has paid an overall amount of INR 3,24,70,000/- (Rupees three crore twenty-four lakh seventy thousand only) in multiple installment