1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 104 CRM-M-44407-2026 (O&M) Date of decision : 18.08.2026 Deepak Manmohan Singh ..... Petitioner VERSUS State of Punjab ..... Respondent CORAM: HON’BLE MR. JUSTICE SURYA PARTAP SINGH Present: Mr. Rajesh Punj, Mr. Sahaj Punj and Ms. Chahal Panchal, Advocates for the petitioner. Mr. Eklavya Darshi, Deputy Advocate General, Punjab. ***** SURYA PARTAP SINGH, J. (Oral) This petition for pre-arrest bail is the first petition filed by the petitioner under Section 482 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. It has been filed with regard to a case arising out of FIR No.179 dated 11.06.2026, Police Station City Kharar, District SAS Nagar, for the commission of offence punishable under Sections 316(2), 318(4) of Bharatiya Nyaya Sanhita, 2023. 2. The abovementioned FIR came into being at the instance of ‘Ravi Gulati’, hereinafter being referred to as ‘complainant’ only. The pith and substance of the complaint was that the petitioner had entered into an agreement for sale of his land in favour of complainant, and that the sale deed was not executed by the petitioner. As per complainant in the abovementioned fashion, he was cheated. GAURAV THAKUR 2026.08.19 10:13 I attest to the accuracy and integrity of this document 2 3. It is case of the prosecution that in view of abovementioned complaint, formal FIR of this case was lodged and the investigation taken up. 4. Notice of motion. 5. Mr. Eklavya Darshi, Deputy Advocate General, Punjab appears on behalf of respondent-State. Hence service of notice upon the State is hereby dispensed with. The learned State Counsel has filed status report. The same be taken on record. 6. Heard. 7. The record has been perused carefully. 8. A perusal of record shows that in the present case, following are the relevant factors which are required to be taken into consideration for a decision:- i. that the offence is triable by the Court of Judicial Magistrate; ii. that the maximum punishment prescribed for the commission of abovementioned offence is imprisonment up to seven years; iii. that apparently the dispute between the parties is a dispute of civil nature, i.e. with regard to non-performance of the contract; iv. that there is nothing on record to show that at the very inception of contract, there was any criminal intent on the part of the petitioner; v. that the entire evidence to be collected by the Investigating Agency in the present case is documentary in nature and therefore, custodial interrogation of the petitioner is not likely to produce a fruitful result; vi. that investigation and trial are not likely to be concluded in near future; GAURAV THAKUR 2026.08.19 10:13 I attest to the accuracy and integrity of this document 3 vii. that detention of petitioner in judicial lock-up is not likely to serve any purpose; viii. that there is nothing on record to show that while on anticipatory bail, the petitioner is likely to tamper with the evidence or influence the witnesses; and ix. that there is nothing on record to show that while on anticipatory bail, the petitioner will not participate/cooperate in the investigation. 9. Taking into consideration the cumulative effect of all the abovementioned factors, but without commenting anything on the merits of the case, it is hereby held that the petitioner is entitled to pre-arrest bail. 10. In view of above, the present petition is hereby allowed and the petitioner is hereby accorded the benefit of pre-arrest bail. It is hereby directed that in the event of his arrest, the petitioner shall be released on pre- arrest bail on furnishing bonds to the satisfaction of arresting officer. However, the petitioner shall join the investigation as and when notice is served upon him, in writing, by the Investigating Officer. He shall also abide by the terms and conditions as envisaged under Section 482(2) of BNSS. 11. It is, however, clarified that any observations recorded in the above-mentioned order shall not be construed as an expression of opinion on the merits of the case. (SURYA PARTAP SINGH) JUDGE 18.08.2026 Gaurav Thakur Whether speaking / reasoned Yes/No Whether Reportable Yes/No GAURAV THAKUR 2026.08.19 10:13 I attest to the accuracy and integrity of this document