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2026 Supreme(Online)(P&H) 87020

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


2026:PHHC:082869


CRM-M-17042-2026 (O&M)


UDAY KUMAR

... Petitioner

Versus

STATE OF HARYANA AND OTHERS

...Respondents

MANISHA BATRA, J.

1. The instant petition has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of regular bail in case arising out of FIR No.262 dated 15.09.2025 registered under Sections 406, 419, 420, 465, 467, 468, 471 and 120B of IPC at Police Station Sector 56, District Gurugram.

2. The aforementioned FIR was registered on the basis of a written complaint moved by M/s. Paryapt Infrastructure Private Limited Company (for short “Company”) through its representative, alleging therein that Tushar Kumar Sehgal associated with Vega Brokerage House, the present petitioner their other accomplices in connivance with each other were representing themselves as authorized representatives of the complainant-company and on the basis of such representations, were purporting to sell units of a project launched by the complainant-company in the name of “M3M PARAGON 57” at Gurugram. The complainant had come to know that the petitioner and co-accused had circulated false documents showing authorization issued by RERA to create false impressions about the legitimacy of their claims and to mislead the prospective buyers, thereby inducing them for payments of money in respect of the project of the complainant and to enjoy unjust enrichment.

3. After registration of FIR, investigation proceedings were initiated. It was revealed that the certificate which was claimed to have been issued by RERA, Panchkula by the petitioner and the co-accused was a forged document. The investigation also showed that the bank account numbers as declared in the promotion documents had been forged by the petitioner and co-accused and were used for transfer of substantial amount of money. During the course of investigation, the statement of Rakesh Kaul victim i.e. respondent No.3 had been recorded, who disclosed that by trusting the petitioner, and on being allured by him, he had given an amount of Rs.61,40,000/- to him for the purpose of buying a unit in M3M Paragon 57 project. When he had asked for copy of the BBA agreement, the petitioner had started making excuses. The petitioner had wrongly represented to him that there was a unit number as SA-P57-0511 at 5th Floor of M3M Paragon 57 project, whereas in fact, no such unit was in existence and he had been cheated at the hands of the petitioner.

4. The petitioner was arrested on 20.09.2025. On interrogation, he suffered disclosure statement admitting that he in connivance with the co-accused was defrauding the complainant-company by falsely representing himself as authorized channel partner in its project and by preparing false and fabricated documents and impersonating fictitious identities, had pursued deception. Investigation now stands concluded.

5. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. In fact, his father who is real estate agent, having licence issued by RERA, is authorized to sell properties of M3M Paragon 57 project. Rakesh Kaul asked his father to get some property in the said project and had selected one unit which was purchased through father of the petitioner. The said Rakesh Kaul had then shown interest to invest money in trading business of the firm of the petitioner and had invested money therein. Subsequently, the petitioner had incurred losses on the amount so invested by Rakesh Kaul and himself for online trading and by hatching a conspiracy with the said Rakesh Kaul, the complainant company, has implicated him in this case. The petitioner is in incarceration since 20.09.2025. The ingredients for commission of subject offences are not attracted against him. He is not required for further investigation since challan stands presented. The victim Rakesh Kaul has been duly compensated by him and he has no objection if the petition is allowed. The antecedents of the petitioner are clean. There are no chances of conclusion of trial as only 01 out of 11

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