IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRM-M-29195-2026
Date of decision: 29.05.2026
VIKAS SHARMA AND ANR. ….Petitioners
Versus
STATE OF PUNJAB ....Respondent
CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL
Present:- Mr. Vishal Malik, Advocate for the petitioner.
Mr. Amritpal Singh Gill, DAG Punjab.
RUPINDERJIT CHAHAL, J. (ORAL)
1. Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioners in case FIR No.15 dated 01.07.2025 registered under Sections 420, 465, 467, 468, 471 and 120-B IPC at Police Station NRI, Jalandhar.
2. Brief facts as per the prosecution case are that the petitioners in connivance with each other entered into agreement to sell with the complainant-Inderjeet Kaur for purchase of a property and paid an amount of Rs.1,25,00,000/- which was forfeited due to non-compliance of the terms of the agreement by the petitioners and they further prepared forged and fabricated receipts showing payment of additional amounts and used them to create a false claim upon the said property. Hence, the present FIR.
3. Learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in the present case. He argued that the complainant had voluntarily entered into the agreement dated 08.02.2024 and acknowledged the receipts of the payments and thus, there is no allegation of demonstrating fraudulent intent. He further submits that the forensic examination report shows that the questioned thumb impressions and signatures of the complainant on different documents are of the same person. He further submits that the complainant’s husband has acknowledged receiving an amount of Rs.3,25,00,000/- as part of the sale consideration from his Whatsapp number. He submits that the petitioners have paid crores of rupees to the complainant and now she has filed a false case against the petitioners with a malafide intention. He further submits that the entire case is civil in nature and the same has been given criminal color by lodging the present FIR. He further submitted that the entire case is based on documentary evidence which are already in possession of the complainant or the investigating agency, hence, nothing is to be recovered from the petitioner. Learned counsel for the petitioners further submitted that the petitioners are ready and willing to join the investigation as and when called upon to do so by the investigating agency. Hence, he prays that present petition be allowed.
4. After registration of the FIR, investigation has been initiated and is under way. Apprehending her arrest, the petitioners had moved an application for grant of anticipatory bail which has been dismissed by the Court of learned Additional Sessions Judge, Jalandhar, vide order dated 06.08.2025.
5. On the other hand, learned State counsel has filed the status report in the matter and he while referring to the same, has opposed the prayer of the petitioners for grant of anticipatory bail on the ground that the allegations levelled against the petitioners are serious in nature. He argued that the petitioners are specifically named in the FIR. He further argued that the petitioners in collusion with each other entered into an agreement to sell dated 08.02.2024 with the complainant for purchase of a property and paid an amount of Rs.1,25,00,000/- as earnest money. He submits that the petitioners in furtherance of a pre-planned conspiracy prepared and relied upon forged and fabricated receipts dated 26.03.2024 and 25.05.2024 purportedly showing payment of additional amounts and extension of time for execution of sale deed, despite the complainant having categorically denying execution of any such documents. He further submits that the petitioners used these forged and fabricated documents as genuine by instituting a civil suit and obtained an interim stay order in respect of the property in question thereby attempting to create a false claim thereby with the common intention deceived the Court and cause wrongful loss to the complainant. He further submits that the petitioner No.2 had actively asserted control over the property by sending persons to the spot and representing that the property was under litigation, thereby interfered with the possession and rights
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