CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA AT 102 Anil Yadav and another State of Haryana Date of decision: Date of Uploading : 2 CORAM: Present: SUMEET GOEL 1. seeking grant of anticipatory/pre 2023 in FIR No.75 dated 29.01.2 under Sections 406, 420, 120 District Gurugram. 2. petitioner No.1 Yadav had question and entered into an Agreement to Sell dated 23.10.2023 with the -11922-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Anil Yadav and another V/s State of Haryana Date of decision: 27.07.2026 Date of Uploading : 28.07.2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Mr. Vinod Ghai, Senior Advocate with Mr. Arnav Ghai, Advocate and Mr. Prashant kharb Budhera, Advocate for the petitioners. Mr. Deepak Sabherwal, Additional Advocate General Haryana Mr. Karan Goel, Deputy Commissioner of Police, West Gurugram (through Video Conference). Mr. Sanjay Kaushal, Senior Advocate with Mr. Arjun Kaushal, Advocate Ms. Devyani Kaushal, Advocate and Mr. Abhimanyu Kaushal, Advocate for the complainant. ***** SUMEET GOEL, J. (Oral) Present petition has been filed on behalf of the petitioners seeking grant of anticipatory/pre-arrest bail under Section 482 of BNSS, 2023 in FIR No.75 dated 29.01.2026 registered for offences punishable under Sections 406, 420, 120-B of IPC at Police Station Badshahpur, District Gurugram. The prosecution case, as set- petitioner No.1 namely Anil Yadav and petitioner No.2 had represented themselves to be the absolute owners of the land in question and entered into an Agreement to Sell dated 23.10.2023 with the 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-11922-2026 ....Petitioners ....Respondent HON’BLE MR. JUSTICE SUMEET GOEL Mr. Vinod Ghai, Senior Advocate with Mr. Arnav Ghai, Advocate and Mr. Prashant kharb Budhera, Advocate for the petitioners. Mr. Deepak Sabherwal, Additional Advocate General Haryana Karan Goel, Deputy Commissioner of Police, (through Video Conference). Mr. Sanjay Kaushal, Senior Advocate with Mr. Arjun Kaushal, Advocate Ms. Devyani Kaushal, Advocate and Mr. Abhimanyu Kaushal, Advocate for the complainant. Present petition has been filed on behalf of the petitioners arrest bail under Section 482 of BNSS, 026 registered for offences punishable B of IPC at Police Station Badshahpur, -out in the petition in hand, is that Anil Yadav and petitioner No.2 namely Sushila represented themselves to be the absolute owners of the land in question and entered into an Agreement to Sell dated 23.10.2023 with the Mr. Deepak Sabherwal, Additional Advocate General Haryana Present petition has been filed on behalf of the petitioners arrest bail under Section 482 of BNSS, 026 registered for offences punishable B of IPC at Police Station Badshahpur, , is that Sushila represented themselves to be the absolute owners of the land in question and entered into an Agreement to Sell dated 23.10.2023 with the AJAY KUMAR 2026.07.28 15:19 I attest to the accuracy and integrity of this document CRM-M- complainant for a total consideration of ₹40 lacs was pai cheque payments of payments of also made which were allegedly acknowledged by the pe reverse side of the Agreement to Sell. Thus, a total amount of about was allegedly paid to the peti crores. As per the complainant, willingness t postponing the execution of the sale including the Haryana Assembly Elections and the medical condition of petitioner No.1. Subsequently, they completely stopped r deliberately avoided notice(s) nor returned the money. It concealed the fact that Court existed in respect of the property, the complainant, induced her into entering the transaction. On these allegations, the present FIR came to be registered. 3. dispute is purely civil in nature arising out of a contractual transaction under an Agreement to Sell. petitioners are the lawful owners ₹1.40 crore counsel, the -11922-2026 complainant for a total consideration of ₹ was paid by way of cheque as earnest money, followed by further cheque payments of ₹1 crore. Thereafter, according to the complainant payments of ₹2 crore on 02.01.2024 and also made which were allegedly acknowledged by the pe reverse side of the Agreement to Sell. Thus, a total amount of about was allegedly paid to the petitioners out of total sale consideration of As per the complainant, despite her continuous readiness and willingness to pay the remaining sale consideration, the petitioners kept postponing the execution of the sale-deed on one pretext or another, including the Haryana Assembly Elections and the medical condition of petitioner No.1. Subsequently, they completely stopped r deliberately avoided the execution of the sale were served upon them but they neither honoured the agreement nor returned the money. It has also been concealed the fact that acquisition proceedings and a Court existed in respect of the property, and this concealment the complainant, induced her into entering the transaction. On these allegations, the present FIR came to be registered. Learned senior counsel for the petitioners dispute is purely civil in nature arising out of a contractual transaction under an Agreement to Sell. Learned senior counsel has further iterated that the petitioners are the lawful owners of the property and ha crores through banking channels. counsel, the allegations with regard to cash payments exceeding 2 ₹9.60 crore. Initially, an amount of cheque as earnest money, followed by further 1 crore. Thereafter, according to the complainant, cash 2 crore on 02.01.2024 and ₹3.58 crore on 18.01.2024 were also made which were allegedly acknowledged by the petitioners on the reverse side of the Agreement to Sell. Thus, a total amount of about ₹8 crore out of total sale consideration of ₹9.60 despite her continuous readiness and o pay the remaining sale consideration, the petitioners kept deed on one pretext or another, including the Haryana Assembly Elections and the medical condition of petitioner No.1. Subsequently, they completely stopped responding and execution of the sale-deed. Furthermore, legal were served upon them but they neither honoured the agreement been alleged that the petitioners had acquisition proceedings and a status quo order of this and this concealment, according to the complainant, induced her into entering the transaction. On these allegations, the present FIR came to be registered. counsel for the petitioners has iterated that the dispute is purely civil in nature arising out of a contractual transaction under Learned senior counsel has further iterated that the of the property and have received only through banking channels. According to learned senior cash payments exceeding ₹5 crore 9.60 crore. Initially, an amount of cheque as earnest money, followed by further , cash 3.58 crore on 18.01.2024 were titioners on the 8 crore 9.60 despite her continuous readiness and o pay the remaining sale consideration, the petitioners kept deed on one pretext or another, including the Haryana Assembly Elections and the medical condition of esponding and egal were served upon them but they neither honoured the agreement alleged that the petitioners had order of this , according to the complainant, induced her into entering the transaction. On these that the dispute is purely civil in nature arising out of a contractual transaction under Learned senior counsel has further iterated that the received only According to learned senior 5 crores AJAY KUMAR 2026.07.28 15:19 I attest to the accuracy and integrity of this document CRM-M- are stated to be completely false, fabricated and improbable particularly when such huge cash transactions are alleged to have taken place without any documentary proof except alleged endorsements on the reverse side of the agreement. herself failed to appear before the Sub consideration within the stipulated period and, therefore, the petitioners have terminated the Agreement to Sell by serving a legal notice dated 09.02.2024. instituted any suit for specific performance and after an unexplained delay of almost two years, resorted to criminal proceedings only because the value of the land ha present FIR is merely a pres a criminal prosecution. contained in the FIR, even if taken at their face value, do not disclose the commission of any offence of cheating, criminal bre Furthermore, the entire case is based on documentary evidence which is already available with the investigating agency and no recovery is required to be effected from the petitioner that the petitioners have by the Economic Offences Wing and have already appeared before the investigating agency in response to the notice continue to join submissions, the grant of anticipatory bail is entreated for. 4. affidavit of Vishal, HPS, Assistant Commissioner of Police, -11922-2026 are stated to be completely false, fabricated and improbable particularly when such huge cash transactions are alleged to have taken place without cumentary proof except alleged endorsements on the reverse side of the agreement. It has been further contended herself failed to appear before the Sub consideration within the stipulated period and, therefore, the petitioners terminated the Agreement to Sell by serving a legal notice dated 09.02.2024. It has been further contended that tuted any suit for specific performance and after an unexplained delay of almost two years, resorted to criminal proceedings only because the value of the land has substantially increased. It has been further contended FIR is merely a pressure tactic in order a criminal prosecution. It has been further contended that the allegations contained in the FIR, even if taken at their face value, do not disclose the commission of any offence of cheating, criminal bre Furthermore, the entire case is based on documentary evidence which is already available with the investigating agency and no recovery is required to be effected from the petitioners. Learned senior counsel has emphasized petitioners have fully cooperated with the investigation conducted by the Economic Offences Wing and have already appeared before the investigating agency in response to the notice to join the investigation as and when submissions, the grant of anticipatory bail is entreated for. Referring to reply/status report dated affidavit of Vishal, HPS, Assistant Commissioner of Police, 3 are stated to be completely false, fabricated and improbable particularly when such huge cash transactions are alleged to have taken place without cumentary proof except alleged endorsements on the reverse side of contended that the complainant has herself failed to appear before the Sub-Registrar with the balance sale consideration within the stipulated period and, therefore, the petitioners terminated the Agreement to Sell by serving a legal notice dated It has been further contended that the complainant has never tuted any suit for specific performance and after an unexplained delay of almost two years, resorted to criminal proceedings only because the value has been further contended that the in order to convert a civil dispute into It has been further contended that the allegations contained in the FIR, even if taken at their face value, do not disclose the commission of any offence of cheating, criminal breach of trust or forgery. Furthermore, the entire case is based on documentary evidence which is already available with the investigating agency and no recovery is required Learned senior counsel has emphasized cooperated with the investigation conducted by the Economic Offences Wing and have already appeared before the investigating agency in response to the notice(s) issued to them and shall the investigation as and when required. On strength of these submissions, the grant of anticipatory bail is entreated for. status report dated 01.04.2026 by way of an affidavit of Vishal, HPS, Assistant Commissioner of Police, EOW-I and II are stated to be completely false, fabricated and improbable particularly when such huge cash transactions are alleged to have taken place without cumentary proof except alleged endorsements on the reverse side of has Registrar with the balance sale consideration within the stipulated period and, therefore, the petitioners terminated the Agreement to Sell by serving a legal notice dated never tuted any suit for specific performance and after an unexplained delay of almost two years, resorted to criminal proceedings only because the value that the to convert a civil dispute into It has been further contended that the allegations contained in the FIR, even if taken at their face value, do not disclose the ach of trust or forgery. Furthermore, the entire case is based on documentary evidence which is already available with the investigating agency and no recovery is required Learned senior counsel has emphasized cooperated with the investigation conducted by the Economic Offences Wing and have already appeared before the and shall On strength of these by way of an I and II, AJAY KUMAR 2026.07.28 15:19 I attest to the accuracy and integrity of this document CRM-M- Gurugram, to the petitioner petitioner during the course of under: report, learned State counsel has iterated that the petitioners are grave and disclose the commission of cognizable offences involving cheating, criminal breach of trust and criminal conspiracy in respect of a transaction involving an amount of nearly to learned State counsel, enter into the Agreement to Sell, rec sale consideration and thereafter deliberately avoided sale-deed on one pretext or another. that the petitioners and the status quo question which -11922-2026 Gurugram, learned State counsel has opposed the grant of anticipatory bail to the petitioners by arguing that the petitioners are grave, serious and supported by specific material collected the course of investigation. The relevant part o “15. That the role of the petitioners Anil Yadav and Sushila Yadav in the present case is that they had entered into agreement to sell dated 23.10.2023 with the complainant’s father Ram Avtar Gupta for sale of one acre plot at village Noorpur Jharsa for Rs. 9.60 crore. During the execution of the agreement, a sum of Rs.1.40 crore was paid through RTGS and later on, the sum of Rs.6.60 crore was paid to the petitioners through RTGS and cash. The sale deed was to be executed before 10.01.2024. However, they did not get the sale deed registered within the stipulated time. Rather, the petitioners sent a forged agreement dated 23.10.2023 wherein it was mentioned that after separation of Khewat/Khata numbers by the petitioners, the agreement shall remain valid for one month. In this way, the petitioners committed fraud and forgery with the complainant. Raising submissions in tandem with the aforesaid reply , learned State counsel has iterated that the petitioners are grave and disclose the commission of cognizable offences involving cheating, criminal breach of trust and criminal conspiracy in respect of a transaction involving an amount of nearly to learned State counsel, the petitioners, enter into the Agreement to Sell, received substantial amounts towards the sale consideration and thereafter deliberately avoided deed on one pretext or another. Learned State co petitioners have concealed the pendency of acquisition proceedings status quo order passed by this Court which prima facie indicates fraudulent conduct 4 e counsel has opposed the grant of anticipatory bail by arguing that the allegations levelled against the are grave, serious and supported by specific material collected The relevant part of the reply reads as That the role of the petitioners Anil Yadav and Sushila Yadav in the present case is that they had entered into agreement to sell dated 23.10.2023 with the complainant’s father Ram Avtar Gupta village Noorpur Jharsa for Rs. 9.60 crore. During the execution of the agreement, a sum of Rs.1.40 crore was paid through RTGS and later on, the sum of Rs.6.60 crore was paid to the petitioners through RTGS and cash. The sale deed was to be ore 10.01.2024. However, they did not get the sale deed registered within the stipulated time. Rather, the petitioners sent a forged agreement dated 23.10.2023 wherein it was mentioned that after separation of Khewat/Khata numbers by the petitioners, the agreement shall remain valid for one month. In this way, the petitioners committed fraud and forgery with the complainant.” Raising submissions in tandem with the aforesaid reply/status , learned State counsel has iterated that the allegations against the petitioners are grave and disclose the commission of cognizable offences involving cheating, criminal breach of trust and criminal conspiracy in respect of a transaction involving an amount of nearly ₹8 crore. According the petitioners, after inducing the complainant to eived substantial amounts towards the sale consideration and thereafter deliberately avoided the execution of the Learned State counsel has emphasized concealed the pendency of acquisition proceedings order passed by this Court with regard to the property in fraudulent conduct. Furthermore, e counsel has opposed the grant of anticipatory bail allegations levelled against the are grave, serious and supported by specific material collected f the reply reads as That the role of the petitioners Anil Yadav and Sushila Yadav in the present case is that they had entered into agreement to sell dated 23.10.2023 with the complainant’s father Ram Avtar Gupta village Noorpur Jharsa for Rs. 9.60 crore. During the execution of the agreement, a sum of Rs.1.40 crore was paid through RTGS and later on, the sum of Rs.6.60 crore was paid to the petitioners through RTGS and cash. The sale deed was to be ore 10.01.2024. However, they did not get the sale deed registered within the stipulated time. Rather, the petitioners sent a forged agreement dated 23.10.2023 wherein it was mentioned that after separation of Khewat/Khata numbers by the petitioners, the agreement shall remain valid for one month. In this way, the /status gainst the petitioners are grave and disclose the commission of cognizable offences involving cheating, criminal breach of trust and criminal conspiracy in According after inducing the complainant to eived substantial amounts towards the execution of the unsel has emphasized concealed the pendency of acquisition proceedings with regard to the property in the AJAY KUMAR 2026.07.28 15:19 I attest to the accuracy and integrity of this document CRM-M- genuineness of to Sell, the source and flow of the money, the financial transactions between the parties and the authenticity of the documents relied upon by both sides are all matters requiring detailed 4.1. Court to status report dated 13.07.2026 by way of affidavit of Vishal, HPS, Assistant Commissioner of Police, Headquarter submitted petition, attempts justice and to influence the prosecution witnesses. pointed out that one of the prime witness phone calls from an unknown person who falsely impersonated himself as an investigating officer and demanded confidential documents such as Aadhaar and PAN details of the complainant under the pretext of facilitating the arrest of petitioner these acts have been intimidate the witnesses. the police obtained the call detail re conversations between the mobile number used for making the calls and petitioner accused Dharmender Yadav. On verification, the mobile number was found to be regist Vishnu Kumar disclosed that his mobile phone had been used by Ajay Malhotra, who was employed in the company of petitioner Anil Yadav -11922-2026 ness of the endorsements made on the reverse side of the Agreement to Sell, the source and flow of the money, the financial transactions between the parties and the authenticity of the documents relied upon by both sides are all matters requiring detailed investigation. Learned State counsel has further Court to status report dated 13.07.2026 by way of affidavit of Vishal, HPS, Assistant Commissioner of Police, Headquarter submitted that during the pendency of the investigation and , attempts have been made to interfere with the administration of justice and to influence the prosecution witnesses. pointed out that one of the prime witness phone calls from an unknown person who falsely impersonated himself as an investigating officer and demanded confidential documents such as Aadhaar and PAN details of the complainant under the pretext of facilitating rest of petitioner No.1 namely Anil Yadav. these acts have been intended to obstruct the ongoing investigation and intimidate the witnesses. Furthermore, during the the police obtained the call detail records which conversations between the mobile number used for making the calls and petitioner No.1 namely Anil Yadav besides 414 conversations with co accused Dharmender Yadav. On verification, the mobile number was found to be registered in the name of one Vishnu Kumar. During investigation, Vishnu Kumar disclosed that his mobile phone had been used by Ajay Malhotra, who was employed in the company of petitioner Anil Yadav) who had borrowed his phone on the date of occurr 5 the endorsements made on the reverse side of the Agreement to Sell, the source and flow of the money, the financial transactions between the parties and the authenticity of the documents relied upon by both sides investigation. further drawn the attention of this Court to status report dated 13.07.2026 by way of affidavit of Vishal, HPS, Assistant Commissioner of Police, Headquarter-III, Gurugram and has that during the pendency of the investigation and the present made to interfere with the administration of justice and to influence the prosecution witnesses. Learned State counsel has pointed out that one of the prime witness(s) in the case received repeated phone calls from an unknown person who falsely impersonated himself as an investigating officer and demanded confidential documents such as Aadhaar and PAN details of the complainant under the pretext of facilitating Anil Yadav. According to learned State, intended to obstruct the ongoing investigation and during the course of investigation, cords which reflect 142 telephonic conversations between the mobile number used for making the calls and Anil Yadav besides 414 conversations with co accused Dharmender Yadav. On verification, the mobile number was found Vishnu Kumar. During investigation, Vishnu Kumar disclosed that his mobile phone had been used by Ajay Malhotra, who was employed in the company of petitioner No.1 (namely had borrowed his phone on the date of occurrence for the endorsements made on the reverse side of the Agreement to Sell, the source and flow of the money, the financial transactions between the parties and the authenticity of the documents relied upon by both sides drawn the attention of this Court to status report dated 13.07.2026 by way of affidavit of Vishal, HPS, III, Gurugram and has the present made to interfere with the administration of Learned State counsel has in the case received repeated phone calls from an unknown person who falsely impersonated himself as an investigating officer and demanded confidential documents such as Aadhaar and PAN details of the complainant under the pretext of facilitating State, intended to obstruct the ongoing investigation and investigation, 142 telephonic conversations between the mobile number used for making the calls and Anil Yadav besides 414 conversations with co- accused Dharmender Yadav. On verification, the mobile number was found Vishnu Kumar. During investigation, Vishnu Kumar disclosed that his mobile phone had been used by Ajay namely ence for AJAY KUMAR 2026.07.28 15:19 I attest to the accuracy and integrity of this document CRM-M- making calls to clients. The statement of Vishnu Kumar under Section 183 BNSS has also been recorded before the learned Magistrate, wherein he specifically stated that the voice in the recording was that of Ajay Malhotra and not his own. The inves apprehending Ajay Malhotra, who has not yet joined the investigation despite efforts by the investigating agency. complaint of Shatrughan Yadav (prosecution witness), FIR No.312 date 25.05.2026 under Sections 204, 319 and 62 of BNS was registered at Police Station Badshahpur, Gurugram. the aforesaid material by the petitioners to interfere material witnesses petitioners are granted the concession of anticipatory bail, they may tamper with evidence, influence witnesses and obstruct fair inves Moreover, t interrogation of the petitioners is necessary to ascertain the complete conspiracy, verify the financial trail, recover identify the role of all instant petition is prayed for. 5. raised submissions in tandem with the State counsel. Learned counsel has iterated that the allegations cannot be termed as merely nature at this stage, as the material on record intention and inducement from the very inception of the transaction. According to learned -11922-2026 making calls to clients. The statement of Vishnu Kumar under Section 183 BNSS has also been recorded before the learned Magistrate, wherein he specifically stated that the voice in the recording was that of Ajay Malhotra and not his own. The investigation is now directed towards tracing and apprehending Ajay Malhotra, who has not yet joined the investigation despite efforts by the investigating agency. complaint of Shatrughan Yadav (prosecution witness), FIR No.312 date 25.05.2026 under Sections 204, 319 and 62 of BNS was registered at Police Station Badshahpur, Gurugram. Learned State counsel the aforesaid material prima facie establishes the petitioners to interfere with the investigation and influence material witnesses and, therefore, there exists a real apprehension that if the petitioners are granted the concession of anticipatory bail, they may tamper with evidence, influence witnesses and obstruct fair inves Moreover, the investigation is still at a crucial stage and interrogation of the petitioners is necessary to ascertain the complete conspiracy, verify the financial trail, recover identify the role of all persons involved. instant petition is prayed for. Learned senior counsel appearing for the complainant has raised submissions in tandem with the State counsel. Learned counsel has iterated that the allegations cannot be termed as merely nature at this stage, as the material on record intention and inducement from the very inception of the transaction. According to learned senior counsel, the material collected during 6 making calls to clients. The statement of Vishnu Kumar under Section 183 BNSS has also been recorded before the learned Magistrate, wherein he specifically stated that the voice in the recording was that of Ajay Malhotra tigation is now directed towards tracing and apprehending Ajay Malhotra, who has not yet joined the investigation despite efforts by the investigating agency. Accordingly, on the basis of complaint of Shatrughan Yadav (prosecution witness), FIR No.312 date 25.05.2026 under Sections 204, 319 and 62 of BNS was registered at Police Learned State counsel has contended that establishes that an attempt has been made with the investigation and influence , therefore, there exists a real apprehension that if the petitioners are granted the concession of anticipatory bail, they may tamper with evidence, influence witnesses and obstruct fair investigation. he investigation is still at a crucial stage and the custodial interrogation of the petitioners is necessary to ascertain the complete conspiracy, verify the financial trail, recover the relevant documents and persons involved. Accordingly, the dismissal of the counsel appearing for the complainant has raised submissions in tandem with the State counsel. Learned senior counsel has iterated that the allegations cannot be termed as merely a civil in nature at this stage, as the material on record prima facie discloses dishonest intention and inducement from the very inception of the transaction. the material collected during making calls to clients. The statement of Vishnu Kumar under Section 183 BNSS has also been recorded before the learned Magistrate, wherein he specifically stated that the voice in the recording was that of Ajay Malhotra tigation is now directed towards tracing and apprehending Ajay Malhotra, who has not yet joined the investigation Accordingly, on the basis of complaint of Shatrughan Yadav (prosecution witness), FIR No.312 dated 25.05.2026 under Sections 204, 319 and 62 of BNS was registered at Police that has been made the , therefore, there exists a real apprehension that if the petitioners are granted the concession of anticipatory bail, they may tamper tigation. custodial interrogation of the petitioners is necessary to ascertain the complete relevant documents and Accordingly, the dismissal of the counsel appearing for the complainant has senior civil in discloses dishonest intention and inducement from the very inception of the transaction. the AJAY KUMAR 2026.07.28 15:19 I attest to the accuracy and integrity of this document CRM-M- course of a pre-planned conspiracy, induced the complainant to enter into an Agreement to Sell by falsely representing that they were compete transfer the property and intentionally concealed to the land. paid an amount of approximately paid through banking c which was duly acknowledged by the petitioners on the reverse side of the Agreement to Sell. Despite receiving such a substantial amount, the petitioners deliberately avoided execution of the sale deed demanding additional money on one pretext or another. seriousness of the allegations and the active role attributed to the petitioner the dismissal of the petition in hand is prayed for. 6. gone through the available record of the case. 7. allegations have been levelled against the petitioner levelled in the FIR, at this stage, merely giving rise to a civil dispute. induced the complainant to part with huge amount of money by representing that they would execute the sale deed and thereafter intentionally avoided performing their obligations. The allegations further acquisition proceedings and the earlier litigation -11922-2026 course of investigation clearly reflects that the petitioners, in furtherance of planned conspiracy, induced the complainant to enter into an Agreement to Sell by falsely representing that they were compete transfer the property and intentionally concealed to the land. On the basis of such assurances/ paid an amount of approximately ₹8 crore paid through banking channels and the remaining amount was paid in cash, which was duly acknowledged by the petitioners on the reverse side of the Agreement to Sell. Despite receiving such a substantial amount, the petitioners deliberately avoided execution of the sale deed demanding additional money on one pretext or another. seriousness of the allegations and the active role attributed to the petitioner the dismissal of the petition in hand is prayed for. I have heard the learned counsel for th gone through the available record of the case. As per the material available on record, indubitably, serious allegations have been levelled against the petitioner levelled in the FIR, at this stage, prima fac merely giving rise to a civil dispute. As per the allegations, induced the complainant to part with huge amount of money by representing that they would execute the sale deed; and thereafter intentionally avoided performing their obligations. The allegations further reflect concealment of material facts relating to acquisition proceedings and the status quo earlier litigation with regard to the property in question. 7 that the petitioners, in furtherance of planned conspiracy, induced the complainant to enter into an Agreement to Sell by falsely representing that they were competent to transfer the property and intentionally concealed the material facts relating On the basis of such assurances/representations, the complainant 8 crores, out of which ₹1.40 crore was s and the remaining amount was paid in cash, which was duly acknowledged by the petitioners on the reverse side of the Agreement to Sell. Despite receiving such a substantial amount, the petitioners deliberately avoided execution of the sale deed and kept demanding additional money on one pretext or another. Considering the seriousness of the allegations and the active role attributed to the petitioner the dismissal of the petition in hand is prayed for. I have heard the learned counsel for the rival parties and have gone through the available record of the case. As per the material available on record, indubitably, serious allegations have been levelled against the petitioners. The allegations prima facie cannot be brushed aside as As per the allegations, the petitioners induced the complainant to part with huge amount of money by representing received substantial consideration and thereafter intentionally avoided performing their obligations. The concealment of material facts relating to status quo order passed by this Court in property in question. Although learned that the petitioners, in furtherance of planned conspiracy, induced the complainant to enter into an nt to material facts relating representations, the complainant 1.40 crore was s and the remaining amount was paid in cash, which was duly acknowledged by the petitioners on the reverse side of the Agreement to Sell. Despite receiving such a substantial amount, the kept Considering the seriousness of the allegations and the active role attributed to the petitioners, and have As per the material available on record, indubitably, serious . The allegations cannot be brushed aside as the petitioners induced the complainant to part with huge amount of money by representing received substantial consideration and thereafter intentionally avoided performing their obligations. The concealment of material facts relating to order passed by this Court in an Although learned AJAY KUMAR 2026.07.28 15:19 I attest to the accuracy and integrity of this document CRM-M- senior counsel for the petitioners has argued that only received by the petitioners payments are fabricated veracity/correctness of these rival version stage while considering a plea for grant of anticipatory bail endorsements on the Agreement to Sell, the alleged acknowledgement the financial trail and ot require detailed investigation. prima facie considered opinion of this Court, the economic offences of su cannot be treated at par with ordinary offences as they have far consequences on public trust. that the dispute is purely civil in nature does not persuade this Court at this stage. In th transaction pertains to sale and purchase of land or involves monetary dealings would not prima facie inception. account of from the very beginning is a matter which requires thorough investigation and cannot be concl anticipatory bail. required to examine the nature and gravity of accusations attributed to the accused -11922-2026 counsel for the petitioners has argued that only by the petitioners through banking channels and the alleged cash payments are fabricated but in the considered opinion of this Cour correctness of these rival version stage while considering a plea for grant of anticipatory bail endorsements on the Agreement to Sell, the alleged acknowledgement the financial trail and other surrounding circumstances are matters detailed investigation. The amount involved is substantial which prima facie indicates the seriousness and gravity of the offence. In the considered opinion of this Court, the economic offences of su cannot be treated at par with ordinary offences as they have far consequences on public trust. The plea that the dispute is purely civil in nature does not persuade this Court at this . In the considered opinion of this Court, m transaction pertains to sale and purchase of land or involves monetary dealings would not, by itself, take away the criminality if the allegations prima facie disclose dishonest inducement and deceptio inception. The question(s) as to whether account of a bona fide dispute or whether the intention to deceive existed from the very beginning is a matter which requires thorough investigation and cannot be conclusively adjudicated upon anticipatory bail. At the stage of anticipatory bail, the Court is primarily required to examine the nature and gravity of accusations attributed to the accused. The exact nature and exte 8 counsel for the petitioners has argued that only ₹1.40 crore has been through banking channels and the alleged cash but in the considered opinion of this Court the correctness of these rival version(s) cannot be adjudicated at this stage while considering a plea for grant of anticipatory bail. The disputed endorsements on the Agreement to Sell, the alleged acknowledgement( her surrounding circumstances are matters which The amount involved is substantial which indicates the seriousness and gravity of the offence. In the considered opinion of this Court, the economic offences of such magnitude cannot be treated at par with ordinary offences as they have far-reaching plea raised on behalf of the petitioner that the dispute is purely civil in nature does not persuade this Court at this e considered opinion of this Court, merely because transaction pertains to sale and purchase of land or involves monetary take away the criminality if the allegations disclose dishonest inducement and deception right from the The question(s) as to whether the transaction has failed dispute or whether the intention to deceive existed from the very beginning is a matter which requires thorough investigation usively adjudicated upon in a petition seeking grant of At the stage of anticipatory bail, the Court is primarily required to examine the nature and gravity of accusations and the role The exact nature and extent of the involvement has been through banking channels and the alleged cash t the at this . The disputed (s), which The amount involved is substantial which indicates the seriousness and gravity of the offence. In the ch magnitude reaching raised on behalf of the petitioners that the dispute is purely civil in nature does not persuade this Court at this the transaction pertains to sale and purchase of land or involves monetary take away the criminality if the allegations from the failed on dispute or whether the intention to deceive existed from the very beginning is a matter which requires thorough investigation grant of At the stage of anticipatory bail, the Court is primarily the role nt of the involvement of AJAY KUMAR 2026.07.28 15:19 I attest to the accuracy and integrity of this document CRM-M- the petitioner interrogation 8. breach of trust, attention of this Court is that as per the State, witness has submitted telephone calls from a person impersonating demanded confidential document of facilitating the arrest of petitioner No.1. found that the Vishnu Kumar recorded before the learned Magistrate wherein he stated that on the relevant day his mobile phone ha the company of petitioner No.1 and the voice contained in the recording was of Ajay Malhotra this Court, such conduct is a relevant factor which cannot be overlooked while considering 9. this stage, from which it can be deciphered that the petitioner falsely implicated into the present instant case, FIR and material placed on record, are neither vague nor general in nature. At this stage, the material collected during investigation discloses active participation and a specific role -11922-2026 the petitioners requires deeper investigation for which custodial interrogation of the petitioners may be essential. Apart from the allegations relating to cheating and criminal breach of trust, another pertinent nay vital aspect of the matter which craves attention of this Court is that as per the affidavit dated 13.07.2026 , during the pendency of the investigation, a prime prosecution has submitted a complaint alleging that he ha telephone calls from a person impersonating demanded confidential document(s) of the complainant of facilitating the arrest of petitioner No.1. found that the mobile number in question was registered in the name of Vishnu Kumar and his statement under Section 183 of the BNSS was recorded before the learned Magistrate wherein he stated that on the relevant day his mobile phone has been used by Ajay Malhotra, an employee with the company of petitioner No.1 and the voice contained in the recording was of Ajay Malhotra who is yet to be apprehended. this Court, such conduct is a relevant factor which cannot be overlooked while considering the prayer for anticipatory bail. Furthermore, no cause nay plausible cause has been shown, at this stage, from which it can be deciphered that the petitioner falsely implicated into the present FIR. It goes without saying that in the instant case, the allegations against the petitioner FIR and material placed on record, are neither vague nor general in nature. t this stage, the material collected during investigation discloses active participation and a specific role 9 requires deeper investigation for which custodial essential. Apart from the allegations relating to cheating and criminal vital aspect of the matter which craves the affidavit dated 13.07.2026 filed by during the pendency of the investigation, a prime prosecution a complaint alleging that he has received repeated telephone calls from a person impersonating as police officer who of the complainant on the false pretext of facilitating the arrest of petitioner No.1. During investigation, it was question was registered in the name of one statement under Section 183 of the BNSS was recorded before the learned Magistrate wherein he stated that on the relevant been used by Ajay Malhotra, an employee with the company of petitioner No.1 and the voice contained in the recording was is yet to be apprehended. In the considered opinion of this Court, such conduct is a relevant factor which cannot be overlooked or anticipatory bail. plausible cause has been shown, at this stage, from which it can be deciphered that the petitioners have been FIR. It goes without saying that in the allegations against the petitioners, as emerging from the FIR and material placed on record, are neither vague nor general in nature. t this stage, the material collected during investigation prima facie discloses active participation and a specific role attributable to the requires deeper investigation for which custodial Apart from the allegations relating to cheating and criminal vital aspect of the matter which craves filed by during the pendency of the investigation, a prime prosecution repeated police officer who false pretext During investigation, it was one statement under Section 183 of the BNSS was recorded before the learned Magistrate wherein he stated that on the relevant been used by Ajay Malhotra, an employee with the company of petitioner No.1 and the voice contained in the recording was In the considered opinion of this Court, such conduct is a relevant factor which cannot be overlooked plausible cause has been shown, at been FIR. It goes without saying that in the , as emerging from the FIR and material placed on record, are neither vague nor general in nature. prima facie attributable to the AJAY KUMAR 2026.07.28 15:19 I attest to the accuracy and integrity of this document CRM-M- petitioner is at nascent stage. plea for grant of anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interests. The Court ought to reckon with the magnitude and nature of the offence; the role attributed to the accused; the need for fair and free investigation as also the deeper and wide stage, there is no material on record to hold that made out against the petitioner and the preliminary investigation, appear to establish a reason the accusations. Thus, it is not appropriate to grant anticipatory bail to the petitioner investigation. In 1039, the Hon'ble Sup -11922-2026 petitioners in the alleged acts of cheating and conspiracy. is at nascent stage. It is befitting to mention here that while considering a grant of anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interests. The Court ought to reckon with the magnitude and nature of the offence; the role attributed to the accused; the need for fair and free investigation as also the deeper and wider impact of such alleged iniquities on the society. At this stage, there is no material on record to hold that made out against the petitioners. The material which has come on record preliminary investigation, appear to establish a reason the accusations. Thus, it is not appropriate to grant anticipatory bail to the petitioners, as it would necessarily cause impediment in effective investigation. In State v. Anil Sharma, (1997) 7 SCC 187 : 1997 SCC (Cri) , the Hon'ble Supreme Court held as under : (SCC p. 189, para 6) “6. We find force in the submission of CBI that custodial interrogation is qualitatively more elicitation-oriented than questioning a suspect who is well-ensconced with a favourable order under Section 438 o a case like this, effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Success in such interrogation would elude if the suspecte protected and insulated by a pre interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in tas would not conduct themselves as offenders. 10 in the alleged acts of cheating and conspiracy. The investigation It is befitting to mention here that while considering a grant of anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interests. The Court ought to reckon with the magnitude and nature of the offence; the role attributed to the accused; the need for fair and free investigation as also the ch alleged iniquities on the society. At this stage, there is no material on record to hold that prima facie case is not . The material which has come on record preliminary investigation, appear to establish a reasonable basis for the accusations. Thus, it is not appropriate to grant anticipatory bail to the , as it would necessarily cause impediment in effective State v. Anil Sharma, (1997) 7 SCC 187 : 1997 SCC (Cri) reme Court held as under : (SCC p. 189, para 6) “6. We find force in the submission of CBI that custodial interrogation is oriented than questioning a suspect who is ensconced with a favourable order under Section 438 of the Code. In a case like this, effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre-arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught the danger of the person being subjected to third-degree methods need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in task of disintering offences would not conduct themselves as offenders.” The investigation It is befitting to mention here that while considering a grant of anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interests. The Court ought to reckon with the magnitude and nature of the offence; the role attributed to the accused; the need for fair and free investigation as also the ch alleged iniquities on the society. At this case is not . The material which has come on record able basis for the accusations. Thus, it is not appropriate to grant anticipatory bail to the , as it would necessarily cause impediment in effective State v. Anil Sharma, (1997) 7 SCC 187 : 1997 SCC (Cri) “6. We find force in the submission of CBI that custodial interrogation is oriented than questioning a suspect who is f the Code. In a case like this, effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Success in such d person knows that he is well arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught degree methods need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible k of disintering offences AJAY KUMAR 2026.07.28 15:19 I attest to the accuracy and integrity of this document CRM-M- 10. alleged financial transaction, the nature of the evidence yet to be collected and the subsequent developments reflect 13.07.2026, not deserve the concession of anticipatory bail in the factual case in hand. 11. (i) (ii) of opinion upon merits of the case/investigation. (iii) July 27, 202 Ajay -11922-2026 In view of the gravity of the allegations, alleged financial transaction, the nature of the evidence yet to be collected and the subsequent developments reflect 13.07.2026, this Court is of the considered opinion that the petitioner not deserve the concession of anticipatory bail in the factual case in hand. In view of the prevenient ratiocination, it is ordained t The instant petition is devoid of merits and is hereby dismissed. Nothing said hereinabove shall be deemed to be an expression of opinion upon merits of the case/investigation. Pending application(s), if any, shall also stand dispose 2026 Whether speaking/reasoned: Whether reportable: 11 In view of the gravity of the allegations, the magnitude of the alleged financial transaction, the nature of the evidence yet to be collected and the subsequent developments reflected in the affidavit dated this Court is of the considered opinion that the petitioners not deserve the concession of anticipatory bail in the factual milieu of the In view of the prevenient ratiocination, it is ordained thus: petition is devoid of merits and is hereby dismissed. Nothing said hereinabove shall be deemed to be an expression of opinion upon merits of the case/investigation. Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) JUDGE Yes/No Yes/No the magnitude of the alleged financial transaction, the nature of the evidence yet to be collected ed in the affidavit dated do of the petition is devoid of merits and is hereby dismissed. Nothing said hereinabove shall be deemed to be an expression AJAY KUMAR 2026.07.28 15:19 I attest to the accuracy and integrity of this document