IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

220 Date of decision: 01.12.2025 Dilbag Singh ... Petitioner Vs.

State of Haryana ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. R.K. Hooda, Advocate, for the petitioner.

Ms. Himani Arora, DAG, Haryana, for the respondent-State.

Mr. Mohit Sharma, Advocate, for the complainant..

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MANISHA BATRA, J. (Oral)

1. The present petition has been filed by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in the FIR mentioned below:-

FIR No. Dated Police Station Sections

302 15.08.2025 Rajendra Park Gurugram,420 and 120-B of District Gurugram IPC

2. Brief facts relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the basis of complaint jointly filed by Raj Kumar son of Ram Kishan, Harinder Kumar son of Mange Ram and Rajiv Kumar son of Jaibir alleging therein that the petitioner along with his two sons namely, Yogesh and Mohit had contacted them and by representing them to be co-owners of half share in 12 Kanals of land situated within the revenue estate of Village Mankarola, Sub Tehsil Hursaru, District Gurugram, had offered to sell the same to them. They also assured that the proposed land was free from any encumbrances. Believing the petitioner and his sons, a deal was struck for purchase of land shown to be owned by the petitioner and his sons. A written agreement was executed. An amount of Rs.95 lakhs had been given by the victims as earnest money to the petitioner and the co- accused on 23.10.2023. The sale deed was to be executed on 01.03.2024. On 20.02.2024, when the victims asked the petitioner to handover the documents as to ownership of the land to be purchased, he started making excuses. The victims contacted the revenue Patwari and came to know that the petitioner had taken loan to the tune of Rs.23,19,000/- from Sarva Haryana Gramin Bank by mortgaging the abovesaid property. The victims asked him to bring NOC from the bank but he did not do so and demanded a sum of Rs.25 lakhs for repayment of the loan amount taken from the bank and assured to bring NOC. The said amount of money was given by way of cheque as well as cash by the victims and it was agreed that the sale deed would be executed on 23.01.2025. However, subsequently, the victims came to know that the petitioner in connivance with his sons, had already sold the same property to some other persons and had even duped one Krishan Kumar of a sum of Rs.53 lakhs on the premise of sale of the same property. After registration of FIR, investigation proceedings have been initiated and are underway. Apprehending his arrest, the petitioner moved an application for grant of anticipatory bail which has been dismissed by the Court of learned Sessions Judge, Gurugram vide order dated 31.10.2025.

3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. Infact, he had received only an amount of Rs.81 lakhs from the victims. The total sale consideration amount was agreed to be Rs.1,22,00,000/-. The victims failed to appear before the office of Sub Registrar on 01.03.2024 to pay the remaining amount and get the sale deed registered though the petitioner had remained present there and had even got prepared an affidavit which was attested by notary. The earnest money was forfeited as per the terms of the agreement. The victims manipulated and tampered with the sale agreement by inserting false and forged signatures of the petitioner and by showing payment of total sale consideration amount of Rs.1,22,00,000/- though they did not paid the same. They even forged signatures of Yogesh and Mohit sons of the petitioner on some false and fabricated receipts and in subsequent parts of the written agreement. The dispute between the parties is of civil nature which has been given criminal colour. No case for commission of offences of cheating has been made