CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA AT 103 Poonam Gulia State of Haryana CORAM: Present: SUMEET GOEL 1. Procedure Code (hereinafter to be referred as ‘the BNSS’) bail to the petitioner in case bearing FIR No. for the offences punishable Police Station 2. complainant namely agreement to sell dated 03.0 property bearing No.172, LIG Housing Board, Sector total sale consideration of agreement, the complainant allegedly paid an earn ₹10,00,000/ registration of the sale deed was fixed as 10.08.2024. that as per the agreement, the petitioner was under an obligation to obtain -36061-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Poonam Gulia V/s State of Haryana CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Mr. Pankaj Nanhera, Advocate with Mr. Rahul Gautam, Advocate for the petitioner. Mr. Tarun Aggarwal, Additional Advocate General, Haryana. ***** SUMEET GOEL, J. (Oral) Present petition has been filed cedure Code, 1973/482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) bail to the petitioner in case bearing FIR No. for the offences punishable under Sections Police Station Mujesar, District Faridabad. The gravamen of the FIR in question pertains to defrauding the complainant namely Chetan Bhardwaj, who alleged that he agreement to sell dated 03.05.2024 with the petitioner for property bearing No.172, LIG Housing Board, Sector total sale consideration of ₹73,50,000/-. On the date of execution of the agreement, the complainant allegedly paid an earn 10,00,000/- to the petitioner. The stipulated date for execution and registration of the sale deed was fixed as 10.08.2024. s per the agreement, the petitioner was under an obligation to obtain 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-36061-2025 Date of decision: 11.08.202 ....Petitioner ....Respondent HON’BLE MR. JUSTICE SUMEET GOEL Mr. Pankaj Nanhera, Advocate with Mr. Rahul Gautam, Advocate for the petitioner. Mr. Tarun Aggarwal, Additional Advocate General, Haryana. ***** Present petition has been filed under Section 438 of Criminal /482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) for grant of pre-arrest/anticipatory bail to the petitioner in case bearing FIR No.19 dated 14.01.2025, registered under Sections 120-B, 406 and 420 of IPC Mujesar, District Faridabad. The gravamen of the FIR in question pertains to defrauding the who alleged that he entered into an 5.2024 with the petitioner for the purchase of property bearing No.172, LIG Housing Board, Sector-23, Faridabad for a . On the date of execution of the agreement, the complainant allegedly paid an earnest amount of to the petitioner. The stipulated date for execution and registration of the sale deed was fixed as 10.08.2024. It was further alleged s per the agreement, the petitioner was under an obligation to obtain .2025 Mr. Tarun Aggarwal, Additional Advocate General, Haryana. 438 of Criminal /482 of Bharatiya Nagarik Suraksha Sanhita, 2023 arrest/anticipatory , registered B, 406 and 420 of IPC at The gravamen of the FIR in question pertains to defrauding the entered into an purchase of for a . On the date of execution of the est amount of to the petitioner. The stipulated date for execution and It was further alleged s per the agreement, the petitioner was under an obligation to obtain AJAY KUMAR 2025.08.11 17:26 I attest to the accuracy and integrity of this document CRM-M- ‘No Dues Certificate the competent authorities before the said date. However, prior to the stipulated date, the petitioner is alleged to have sold the disputed property to a third party. Upon learning this fact on 08.08.2024, the compl a legal notice through counsel demanding execution of the sale deed in his favour. However, in response thereto, the already transferred the property to another person. It is the allegation of the complainant earnest amount. complaint on 25.08.2024 before the Commissioner of Police, Faridabad, leading to registration of the present FIR. 3. allegations in the FIR are assumed to be true for the sake of arguments offence under Sections 120 petitioner nature arising out of a breach of contractual terms. It is contended that the agreement to sell dated 03.05.2024 is a forged document learned counsel, the petitioner of the agreement and not Learned counsel asserts that the allegations levelled against the petitioner in the impugned FIR are entirely baseless and devoid of any credible or cogent material. incomplete material, the entire prosecution narrative is nothing but an abuse of process. It has been further submitted that there is no need for custodial interrogation of the petitioner as criminal antecedents. Moreover, there is no likelihood of the petitioner -36061-2025 No Dues Certificate’, ‘Transfer Permission the competent authorities before the said date. However, prior to the stipulated date, the petitioner is alleged to have sold the disputed property to a third party. Upon learning this fact on 08.08.2024, the compl a legal notice through counsel demanding execution of the sale deed in his However, in response thereto, the already transferred the property to another person. It is the allegation of the complainant that the petitioner had cheated him and wrongfully retained the earnest amount. On these set of allegations, the complainant lodged a written complaint on 25.08.2024 before the Commissioner of Police, Faridabad, leading to registration of the present FIR. Learned counsel for the petitioner has iterated that, even if the allegations in the FIR are assumed to be true for the sake of arguments offence under Sections 120-B, 406, or 420 IPC is made out . It has been further submitted that the dispute, at best, is civil in nature arising out of a breach of contractual terms. It is contended that the agreement to sell dated 03.05.2024 is a forged document learned counsel, the petitioner has received only Rs. of the agreement and not Rs.10,00,000/ Learned counsel asserts that the allegations levelled against the petitioner in the impugned FIR are entirely baseless and devoid of any credible or cogent material. According to learned counsel, in the absence of substantive and incomplete material, the entire prosecution narrative is nothing but an abuse of process. It has been further submitted that there is no need for custodial interrogation of the petitioner as she is ready to join investigation and has no criminal antecedents. Moreover, there is no likelihood of the petitioner 2 Permission’ and ‘Permission to Sell’ from the competent authorities before the said date. However, prior to the stipulated date, the petitioner is alleged to have sold the disputed property to a third party. Upon learning this fact on 08.08.2024, the complainant issued a legal notice through counsel demanding execution of the sale deed in his However, in response thereto, the petitioner disclosed that she had already transferred the property to another person. It is the allegation of the cheated him and wrongfully retained the allegations, the complainant lodged a written complaint on 25.08.2024 before the Commissioner of Police, Faridabad, Learned counsel for the petitioner has iterated that, even if the allegations in the FIR are assumed to be true for the sake of arguments, B, 406, or 420 IPC is made out against the ted that the dispute, at best, is civil in nature arising out of a breach of contractual terms. It is contended that the agreement to sell dated 03.05.2024 is a forged document. According to received only Rs.1,00,000/- in pursuance 10,00,000/- as claimed by the complainant. Learned counsel asserts that the allegations levelled against the petitioner in the impugned FIR are entirely baseless and devoid of any credible or cogent ding to learned counsel, in the absence of substantive and incomplete material, the entire prosecution narrative is nothing but an abuse of process. It has been further submitted that there is no need for custodial eady to join investigation and has no criminal antecedents. Moreover, there is no likelihood of the petitioner from the competent authorities before the said date. However, prior to the stipulated date, the petitioner is alleged to have sold the disputed property to ainant issued a legal notice through counsel demanding execution of the sale deed in his petitioner disclosed that she had already transferred the property to another person. It is the allegation of the cheated him and wrongfully retained the allegations, the complainant lodged a written complaint on 25.08.2024 before the Commissioner of Police, Faridabad, Learned counsel for the petitioner has iterated that, even if the , no against the ted that the dispute, at best, is civil in nature arising out of a breach of contractual terms. It is contended that the . According to in pursuance by the complainant. Learned counsel asserts that the allegations levelled against the petitioner in the impugned FIR are entirely baseless and devoid of any credible or cogent ding to learned counsel, in the absence of substantive and incomplete material, the entire prosecution narrative is nothing but an abuse of process. It has been further submitted that there is no need for custodial eady to join investigation and has no criminal antecedents. Moreover, there is no likelihood of the petitioner AJAY KUMAR 2025.08.11 17:26 I attest to the accuracy and integrity of this document CRM-M- absconding from the process of justice in case she is enlarged on pre bail. On strength of entreated for. 4. notice) has that the offence committed by the petitioner is serious in nature. He has submitted that prior to the stipulated date of execu dishonest intention from inception cheating. allegations, the custodial interrogation of the ascertain the role of all accused persons and to recover the amount involved. He has further stage may hamper the ongoing investigation and potentially lead to tampering with evidence o has been made for the effective investigation into the alleged offence. 5. gone through the available record of the case. 6. serious allegations have been levelled against the petitioner. The FIR was lodged on the basis of complaint filed by the complainant namely Chetan Bhardwaj, who alleged that he entered into an agreement to sell dated 03.05.2024 with the petitioner to purchase the property in question for ₹73,50,000/ sale-deed was to be executed by 10.0 -36061-2025 absconding from the process of justice in case she is enlarged on pre bail. On strength of aforesaid submissions, the grant of anticipat entreated for. Per contra, learned State counsel (on the strength of advance has opposed the grant of anticipatory bail to the petitioner by arguing that the offence committed by the petitioner is serious in nature. He has submitted that conduct of the petitioner prior to the stipulated date of execution of the sale deed clearly discloses dishonest intention from inception and, thus, cheating. He has further contended that in light of the seriousness of the allegations, the custodial interrogation of the ascertain the role of all accused persons and to recover the amount involved. He has further emphasized that releasing the stage may hamper the ongoing investigation and potentially lead to tampering with evidence or influencing of witnesses. has been made for the dismissal of the instant petition effective investigation into the alleged offence. I have heard the learned counsel for the ough the available record of the case. As per the case put forth in the FIR in question, indubitably, serious allegations have been levelled against the petitioner. The FIR was lodged on the basis of complaint filed by the complainant namely an Bhardwaj, who alleged that he entered into an agreement to sell dated 03.05.2024 with the petitioner to purchase the property in question for 73,50,000/-. Accordingly, ₹10,00,000/- deed was to be executed by 10.08.2024. 3 absconding from the process of justice in case she is enlarged on pre-arrest submissions, the grant of anticipatory bail is , learned State counsel (on the strength of advance opposed the grant of anticipatory bail to the petitioner by arguing that the offence committed by the petitioner is serious in nature. He has of the petitioner with regard to selling the property tion of the sale deed clearly discloses and, thus, attracting the offence of further contended that in light of the seriousness of the allegations, the custodial interrogation of the petitioner is necessary to ascertain the role of all accused persons and to recover the amount involved. releasing the petitioner on bail at this crucial stage may hamper the ongoing investigation and potentially lead to r influencing of witnesses. Accordingly, a prayer instant petition in order to facilitate effective investigation into the alleged offence. I have heard the learned counsel for the rival parties and have ough the available record of the case. As per the case put forth in the FIR in question, indubitably, serious allegations have been levelled against the petitioner. The FIR ibid was lodged on the basis of complaint filed by the complainant namely an Bhardwaj, who alleged that he entered into an agreement to sell dated 03.05.2024 with the petitioner to purchase the property in question for was paid as earnest money and the 8.2024. The petitioner was obliged to arrest ory bail is , learned State counsel (on the strength of advance opposed the grant of anticipatory bail to the petitioner by arguing that the offence committed by the petitioner is serious in nature. He has selling the property tion of the sale deed clearly discloses attracting the offence of further contended that in light of the seriousness of the ry to ascertain the role of all accused persons and to recover the amount involved. on bail at this crucial stage may hamper the ongoing investigation and potentially lead to Accordingly, a prayer facilitate and have As per the case put forth in the FIR in question, indubitably, ibid was lodged on the basis of complaint filed by the complainant namely an Bhardwaj, who alleged that he entered into an agreement to sell dated 03.05.2024 with the petitioner to purchase the property in question for was paid as earnest money and the The petitioner was obliged to AJAY KUMAR 2025.08.11 17:26 I attest to the accuracy and integrity of this document CRM-M- obtain requisite permissions before execution of the sale categorically states that property to a third party complainant 7. when the allegations disclose the existence of of the tran does not dispute execution of the agreement to sell dated 03.05.2024 also not denied that prior to the contractual date fixed for execution of the sale deed, conduct, prima facie her contractual obligation towards the complainant and acted with dishonest intention from the outset. merely a transferring the property to a third party prior to the agreed date, despite receiving earnest money coupled with the absence of any steps on the part the petition strong foundation for invoking Section 420 IPC. anticipatory bail is an extraordinary remedy to be granted sparingly in exceptional cases where the Court is satisfied th falsely implicated or that custodial interrogation is wholly unnecessary. The allegations herein are serious and specific, supported by documentary material, and grant of pre investigati 8. documentary evidence -36061-2025 obtain requisite permissions before execution of the sale categorically states that before the said date, the petitioner allegedly sold the property to a third party; refused to execute the sale complainant and retained the earnest money. The plea that the matter is purely civil in nature is not tenable when the allegations disclose the existence of of the transaction. The material placed on record reveals that the petitioner does not dispute execution of the agreement to sell dated 03.05.2024 also not denied that prior to the contractual date fixed for execution of the sale deed, the petitioner has sold the property to a third person. Such prima facie, indicates that the petitioner never intended to honour her contractual obligation towards the complainant and acted with dishonest intention from the outset. Therefore, it cannot be said that the i merely a civil dispute arising from breach of contract. The alleged act of transferring the property to a third party prior to the agreed date, despite receiving earnest money coupled with the absence of any steps on the part the petitioner to terminate the agreement or refund the amount, provides a strong foundation for invoking Section 420 IPC. anticipatory bail is an extraordinary remedy to be granted sparingly in exceptional cases where the Court is satisfied th falsely implicated or that custodial interrogation is wholly unnecessary. The allegations herein are serious and specific, supported by documentary material, and grant of pre-arrest bail at this stage is likely to hamper investigation. The investigation is at nascent stage and the recovery of crucial documentary evidence coupled with other circumstances detailed in the 4 obtain requisite permissions before execution of the sale-deed. The FIR ibid before the said date, the petitioner allegedly sold the refused to execute the sale-deed in favour of the and retained the earnest money. The plea that the matter is purely civil in nature is not tenable when the allegations disclose the existence of mens rea at the very inception The material placed on record reveals that the petitioner does not dispute execution of the agreement to sell dated 03.05.2024. It is also not denied that prior to the contractual date fixed for execution of the the property to a third person. Such , indicates that the petitioner never intended to honour her contractual obligation towards the complainant and acted with dishonest Therefore, it cannot be said that the instant case is civil dispute arising from breach of contract. The alleged act of transferring the property to a third party prior to the agreed date, despite receiving earnest money coupled with the absence of any steps on the part to terminate the agreement or refund the amount, provides a strong foundation for invoking Section 420 IPC. It is well-settled that anticipatory bail is an extraordinary remedy to be granted sparingly in exceptional cases where the Court is satisfied that the accused has been falsely implicated or that custodial interrogation is wholly unnecessary. The allegations herein are serious and specific, supported by documentary arrest bail at this stage is likely to hamper The investigation is at nascent stage and the recovery of crucial coupled with other circumstances detailed in the ibid before the said date, the petitioner allegedly sold the deed in favour of the The plea that the matter is purely civil in nature is not tenable inception The material placed on record reveals that the petitioner It is also not denied that prior to the contractual date fixed for execution of the the property to a third person. Such , indicates that the petitioner never intended to honour her contractual obligation towards the complainant and acted with dishonest nstant case is civil dispute arising from breach of contract. The alleged act of transferring the property to a third party prior to the agreed date, despite receiving earnest money coupled with the absence of any steps on the part of to terminate the agreement or refund the amount, provides a settled that anticipatory bail is an extraordinary remedy to be granted sparingly in has been falsely implicated or that custodial interrogation is wholly unnecessary. The allegations herein are serious and specific, supported by documentary arrest bail at this stage is likely to hamper The investigation is at nascent stage and the recovery of crucial coupled with other circumstances detailed in the AJAY KUMAR 2025.08.11 17:26 I attest to the accuracy and integrity of this document CRM-M- investigation, points towards alleged offence this Court is that the for the purpose of effectively recovering the siphoned amount and gravity of the offence, involving a thorough investigation, which, at this stage, cannot be conducted without the petitioner circumstance has been demonstrated which would warrant the grant of anticipatory bail i fraudulent manner, proceeded to defraud the complainant. 9. grant of anticipatory bail, the Court has to equilibrate between sa individual rights and protecting societal interest(s). 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 impact of suc no material on record to hold that the petitioner. investigation, appear to establish a reasonable b petitioner. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it would necessarily cause impediment in effective investigation. 1039], the Suprem -36061-2025 investigation, points towards the active complicity alleged offence and to defraud the complainant this Court is that the custodial interrogation for the purpose of effectively recovering the siphoned amount and gravity of the offence, involving defrauding the comp a thorough investigation, which, at this stage, cannot be conducted without petitioner being in custody. Moreover, no exceptional or compelling circumstance has been demonstrated which would warrant the grant of anticipatory bail in such a serious offence. fraudulent manner, proceeded to defraud the complainant. It is befitting to mention here that while considering a plea for grant of anticipatory bail, the Court has to equilibrate between sa individual rights and protecting societal interest(s). 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 impact of such alleged iniquities on the society. At this stage, there is no material on record to hold that prima facie the petitioner. The material which has come on record and preliminary investigation, appear to establish a reasonable b petitioner. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it would necessarily cause impediment in effective investigation. In State v. Anil Sharma, (1997) 7 SCC 187 : 1997 SCC (Cri) , the Supreme Court held as under : (SCC p. “6. We find force in the submission of CBI that custodial interrogation is qualitatively more elicitation-oriented ensconced with a favourable order under like this, effective interrogation of a suspected person is of 5 the active complicity of the petitioner in the complainant. The stand of the State before custodial interrogation of the petitioner is indispensable for the purpose of effectively recovering the siphoned amount. The nature defrauding the complainant, necessitate a thorough investigation, which, at this stage, cannot be conducted without Moreover, no exceptional or compelling circumstance has been demonstrated which would warrant the grant of n such a serious offence. The petitioner, in a calculated and fraudulent manner, proceeded to defraud the complainant. It is befitting to mention here that while considering a plea for grant of anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interest(s). 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 h alleged iniquities on the society. At this stage, there is prima facie case is not made out against The material which has come on record and preliminary investigation, appear to establish a reasonable basis for the accusation of the petitioner. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it would necessarily cause impediment in effective Sharma, (1997) 7 SCC 187 : 1997 SCC (Cri) e 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 we 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 in the stand of the State before is indispensable The nature , necessitate a thorough investigation, which, at this stage, cannot be conducted without Moreover, no exceptional or compelling circumstance has been demonstrated which would warrant the grant of The petitioner, in a calculated and It is befitting to mention here that while considering a plea for feguarding individual rights and protecting societal interest(s). 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 h alleged iniquities on the society. At this stage, there is case is not made out against The material which has come on record and preliminary asis for the accusation of the petitioner. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it would necessarily cause impediment in effective Sharma, (1997) 7 SCC 187 : 1997 SCC (Cri) “6. We find force in the submission of CBI that custodial interrogation is o is well- In a case tremendous AJAY KUMAR 2025.08.11 17:26 I attest to the accuracy and integrity of this document CRM-M- 10. petitioner do milieu of the case in hand. Moreover, custodial interrogation of the petitioner is necessary for an effective investigation coupled with money. 11. (i) (ii) of opinion upon merits of the case/investigation. (iii) August 11 Ajay -36061-2025 advantage in disinterring many useful information an 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 with 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 al has to presume that responsible police officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring offences would not conduct themselves as offenders. Accordingly, this Court is of the considered opinion that the petitioner does not deserve the concession of anticipatory bail in the factual of the case in hand. Moreover, custodial interrogation of the petitioner is necessary for an effective investigation coupled with the unexplained failure to refund or account for the earnest In view of the prevenient ratiocination, The petition in hand is dismissed being devoid of merits. 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. August 11, 2025 Whether speaking/reasoned: Whether reportable: 6 advantage in disinterring many useful information 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 h a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being 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 a responsible manner and that those entrusted with the task of disinterring offences would not conduct themselves as offenders.” Court is of the considered opinion that the not deserve the concession of anticipatory bail in the factual of the case in hand. Moreover, custodial interrogation of the petitioner is necessary for an effective investigation & to unravel the conspiracy the unexplained failure to refund or account for the earnest atiocination, it is directed as under: The petition in hand is dismissed being devoid of merits. g 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 d 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 h a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being degree methods need not be countenanced, for, such an l criminal cases. The Court has to presume that responsible police officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring Court is of the considered opinion that the not deserve the concession of anticipatory bail in the factual of the case in hand. Moreover, custodial interrogation of the petitioner conspiracy the unexplained failure to refund or account for the earnest it is directed as under: g said hereinabove shall be deemed to be an expression AJAY KUMAR 2025.08.11 17:26 I attest to the accuracy and integrity of this document