RUPINDERJIT CHAHAL, J. (ORAL)

1. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner seeks anticipatory bail in case FIR No.5 dated 03.01.2026 registered under Sections 318(4), 61(2) BNS at Police Station Khuian Sarwar, District Fazilka.

2. On 21.05.2026, the following order was passed by this Court: -

“Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.5 dated 03.01.2026 registered under Sections 318(4), 61(2) BNS at Police Station Khuian Sarwar, District Fazilka.

List on 29.05.2026.

In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.”

Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He submits that no offence is made out against the petitioner as the agreement to sell dated 05.04.2024 was executed between the complainant and his father-Kulwant Singh, who has since expired. He further submits that the petitioner is not the executant of the said agreement and the alleged earnest money of Rs.40 lakhs was in fact received by the father of the petitioner. He further submits that the sale deed was to be executed on 16.12.2024 and the same could not be executed due to disputes between the parties and thereafter the complainant had filed a civil suit for specific performance which clearly establishes that the dispute between the parties is civil in nature which has been given criminal colour with the sole objective to exert pressure upon the petitioner. He further submits that the alleged transaction pertains to the period between January, 2024 and December, 2024 whereas the FIR in question has been registered on 03.01.2026, after an unexplained delay of more than one year, thereby casting serious doubt on the prosecution story. He submits that the petitioner has clean antecedents. He further submits that the entire evidence is documentary in nature which is already in possession of the complainant or the investigating agency, hence, nothing is to be recovered from him. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency.

On the other hand, learned State counsel has filed the status report which is taken on record. He while referring to the same, has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are serious in nature.

Learned counsel appearing on behalf of the complainant has opposed the grant of anticipatory bail by submitting that the petitioner has actively participated in the alleged fraud.

3. Learned counsel for the petitioner submits that in compliance of the order dated 21.05.2026 passed by this Court, the petitioner has joined the investigation.

4. Learned counsel for the State, on instructions from SI Jaswinder Singh, has submitted that the petitioner has joined the investigation and is no longer required for further investigation.

5. Learned counsel appearing for the complainant submits that the petitioner has actively participated in the alleged fraud. Hence, opposes the grant of bail to the petitioner.

6. In view of the statement made by learned State counsel, the interim order dated 21.05.2026 passed by this Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the B