2026:UHC:4543 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS ABA No.100 of 2026 Hon’ble Alok Mahra, J. Mr. Kuldeep Singh Mann, Mr. Suraj Singh Bisht and Mr. Naman Kamboj, learned counsel for the applicants. 2. Mr. Dinesh Chauhan, learned A.G.A. for the State. 3. Ms. Prabhat Naithani, learned counsel for complainant. 4. Present anticipatory bail application has been filed by the applicants seeking grant of anticipatory bail in connection with F.I.R. No. 355 of 2025, registered under Sections 120-B, 420, 467, 468 and 471 of I.P.C. at Police Station Patelnagar, District Dehradun. 5. Learned counsel for the applicants would submit that the impugned F.I.R. has been lodged on the allegation that the applicants, in connivance with one Mangroo Ram, fraudulently obtained a loan of ₹26,91,000/- from HDFC Bank by mortgaging a property of which the complainant is the recorded owner. It is submitted that the allegations are wholly misconceived and arise out of a contractual and civil dispute between the parties. 6. Learned counsel would further submit that the complainant had entered into a registered agreement to sell two flats in favour of applicant no.1; that, at the relevant time, the said flats were already under mortgage with Indiabulls Housing Finance and a substantial loan liability was outstanding against the complainant; that, the complainant thereafter adopted 2026:UHC:4543 delaying tactics and suppressed the fact that the civil proceedings instituted by him seeking injunction against the measures initiated under the SARFAESI Act by HDFC Bank had already been dismissed by the competent Civil Court at Dehradun, thereby indicating that the dispute is essentially civil in nature. 7. Learned counsel would further submit that the allegation in the F.I.R. regarding the use of unsigned guarantor documents is wholly false and baseless; that, transfer of the existing loan from Indiabulls Housing Finance to HDFC Bank was a necessary step to secure release of the original title documents and facilitate execution of the final sale deed; that, the complainant himself handed over the original title documents to HDFC Bank and actively participated in the loan transfer process, thereby acknowledging and consenting to the transaction 8. Learned counsel would further submit that the complainant had also addressed a letter to Indiabulls Housing Finance acknowledging the relevant facts and referring to the demand draft issued by HDFC Bank in favour of Indiabulls Housing Finance towards liquidation of the outstanding loan; that, the registered agreement to sell executed between the parties specifically records the discharge of the previous loan liability; that, thereafter, at the request of the complainant, the period for execution of the sale deed was extended; however, despite such extension, the complainant failed to appear for execution and registration of the sale deed; that, consequently, the sale transaction could not be completed and the applicants 2026:UHC:4543 were constrained to initiate appropriate civil proceedings, including a suit for mandatory injunction. 9. Learned counsel would further submit that applicant no.1 had also lodged an F.I.R. against the complainant in relation to the same transaction and a charge-sheet has already been submitted therein; that, the present criminal proceedings have been instituted after an inordinate delay of about twenty months with an oblique motive to exert pressure upon the applicants and to give a criminal colour to a civil dispute arising out of an agreement to sell. 10. Heard learned counsel for the parties and perused the material available on record. 11. Without expressing any opinion on the merits of the case and considering the nature of allegations, the background of the dispute, the documentary material relied upon by the applicants, and the facts and circumstances of the case, this Court is of the view that the applicants have made out a case for grant of anticipatory bail. 12. Accordingly, in the event of arrest of the applicants in connection with F.I.R. No. 355 of 2025, registered under Sections 120-B, 420, 467, 468 and 471 I.P.C. at Police Station Patelnagar, District Dehradun, they shall be released on anticipatory bail on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the Arresting Officer/Investigating Officer/Court concerned, subject to the following conditions: (i) The applicants shall make themselves 2026:UHC:4543 available for interrogation by the Investigating Officer as and when required and shall cooperate with the investigation in all respects; (ii) The applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing the relevant facts to the Court or to the Investigating Agency; (iii) The applicants shall not tamper with the prosecution evidence or otherwise interfere with the ongoing investigation; (iv) The applicants shall not leave the territory of India without prior permission of the Court concerned and, if in possession of passports, shall furnish the particulars thereof before the Investigating Officer/Court concerned; (v) The applicants shall not misuse the liberty granted by this Court and shall maintain good conduct during the period of protection; (vi) In the event a police report under Section 173 Cr.P.C. is submitted, the applicants shall cooperate with the trial proceedings and shall appear before the Court concerned as and when required, unless exempted in accordance with law. 13. It is made clear that any violation of the aforesaid conditions or non-cooperation with the investigation shall entitle the prosecution to seek cancellation of anticipatory bail in accordance with law. 14. Subject to the aforesaid conditions, the anticipatory bail application stands disposed of. (Alok Mahra, J.) 08.06.2026 Mamta