Judgment · High Court · 2026

Judgment

#1. Present petition has been filed on behalf of the petitioner Present petition has been filed on behalf of the petitioner Present petition has been filed on behalf of the petitioner arrest bail under Section 482 of BNSS, seeking grant of anticipatory/pre-arrest bail under Section 482 of BNSS, arrest bail under Section 482 of BNSS, seeking grant of anticipatory/pre

2023 in FIR No.0248 dated 03.09.2025 registered for offences punishable 2023 in FIR No.0248 dated 03.09.2025 registered for offences punishable 2023 in FIR No.0248 dated 03.09.2025 registered for offences punishable 2023 in FIR No.0248 dated 03.09.2025 registered for offences punishable lice Station Sector 56, under Sections 406, 420, 467, 468, 471 of IPC at Police Station Sector 56, under Sections 406, 420, 467, 468, 471 of IPC at Po under Sections 406, 420, 467, 468, 471 of IPC at Po Gurugram. Gurugram.

#2. The prosecution case, as set- , is that -out in the petition in hand, is that entered into an Agreement to Sell dated 05.08.2020 the complainant had entered into an Agreement to Sell dated 05.08.2020 entered into an Agreement to Sell dated 05.08.2020 the complainant with the petitioner and his wife regarding the purchase of the second floor of with the petitioner and his wife regarding the purchase of the second floor of with the petitioner and his wife regarding the purchase of the second floor of with the petitioner and his wife regarding the purchase of the second floor of a residential property situated in Sector residential property situated in Sector-56, Gurugram. It alleged 56, Gurugram. It has been alleged paid a substantial amount towards the sale that the complainant had paid a substantial amount towards the sale paid a substantial amount towards the sale that the complainant consideration which includes the earnest money consideration further earnest money as also subsequent further As per the payments made at the insistence of the accused persons. As per the payments made at the insistence of the payments made at the insistence of the , despite receiving the agreed amount, the petitioner and his complainant, despite receiving the agreed amount, the petitioner and his , despite receiving the agreed amount, the petitioner and his complainant CRM-M- -35367-2026 2 wife repeatedly avoided execution of wife repeatedly avoided execution deed and continued the sale-deed and continued the sale It has been demanding additional amounts on one pretext or the other. It has been demanding additional amounts on one pretext or demanding additional amounts on one pretext or further alleged that an application seeking permission for further alleged that transfer in favour an application seeking permission for transfer in favour of the complainant was subsequently cancelled without his knowledge and of the complainant was subsequently cancelled without his knowledge of the complainant was subsequently cancelled without his knowledge complainant was kept under the impression that the sale transaction the complainant was kept under the impression that the sale transaction complainant was kept under the impression that the sale transaction complainant was kept under the impression that the sale transaction would be completed but the accused persons intentional would be completed ly delayed the the accused persons intentionally delayed the execution of the sale-deed. It has been execution of the sale alleged that after the has been further alleged that after the possession of the property and kept his complainant had taken the possession of the property and kept his possession of the property and kept his complainant had taken ed him and belongings therein, the accused persons forcibly dispossessed him and belongings therein, the accused persons forcibly dispossess belongings therein, the accused persons forcibly dispossess removed his articles which necessitated the removed his articles which necessi a civil tated the complainant to institute a civil suit for specific performance which was decreed in his favour. During the suit for specific performance which was decreed in his favour. During suit for specific performance which was decreed in his favour. During execution proceedings, the complainant execution proceedings, allegedly discovered that the the complainant allegedly discovered that the nt has property had already been transferred to third party(s). The complainant has property had already been transferred to third part property had already been transferred to third part alleged that the petitioner, his wife and the subsequent purchasers further alleged that the petitioner, his wife and the subsequent purchasers alleged that the petitioner, his wife and the subsequent purchasers alleged that the petitioner, his wife and the subsequent purchasers the course of acted in connivance with each other and cheated him. During the course of acted in connivance with each other and cheated him. acted in connivance with each other and cheated him. investigation, it had surfaced that the transfer permission investigation, it transfer permission application was mail purportedly created by using the allegedly cancelled through a fake e-mail purportedly created by using the mail purportedly created by using the allegedly cancelled thr details/credentials of the complainant. On these set of allegations, the instant credentials of the complainant. On these set of allegations, the instant On these set of allegations, the instant FIR came to be registered. FIR came to be registered.

#3. Learned counsel for the petitioner has iterated that the Learned counsel for the petitioner has iterated that the Learned counsel for the petitioner has iterated that the petitioner has been falsely implicated into the FIR in question petitioner the dispute to the FIR in question as the dispute Learned counsel is purely civil in nature arising out of an Agreement to Sell. Learned counsel is purely civil in nature arising out of an Agreement to Sell. is purely civil in nature arising out of an Agreement to Sell. has further iterated that the complainant has already availed the has further iterated that the civil remedy has already availed the civil remedy reflects the civil by filing a suit for specific performance which clearly reflects the civil by filing a suit for specific performance by filing a suit for specific performance nature of the controversy. According to learned counsel, as per the terms of nature of the controversy. According to learned counsel, as per the terms of nature of the controversy. According to learned counsel, as per the terms of nature of the controversy. According to learned counsel, as per the terms of the Agreement to Sell, the complainant was required to pay the balance sale the Agreement to Sell, the complainant was required to pay the balance sale the Agreement to Sell, the complainant was required to pay the balance sale the Agreement to Sell, the complainant was required to pay the balance sale CRM-M- -35367-2026 3 consideration and get the sale-deed executed within the stipulated pe consideration and get the sale riod but deed executed within the stipulated period but despite repeated extensions granted at the request of the complainant, he has despite repeated extensions granted at the request of the complainant, he has despite repeated extensions granted at the request of the complainant, he has despite repeated extensions granted at the request of the complainant, he has failed to fulfill his contractual obligations. According to learned counsel, the failed to fulfill his contractual obligations. According to learned counsel, the failed to fulfill his contractual obligations. According to learned counsel, the failed to fulfill his contractual obligations. According to learned counsel, the ready and willing to perform his part of the petitioner has always been ready and willing to perform his part of the ready and willing to perform his part of the petitioner even marked his presence before the office of the Sub- contract and has even marked his presence before the office of the Sub even marked his presence before the office of the Sub contract and has deed. It has been Registrar on the scheduled date for execution of the sale-deed. It has been Registrar on the scheduled date for execution of the sale Registrar on the scheduled date for execution of the sale further contended that the allegations contained in the FIR, even if taken at further contended that the allegations contained in the FIR, even if taken at further contended that the allegations contained in the FIR, even if taken at further contended that the allegations contained in the FIR, even if taken at on of any offence of cheating, their face value, do not disclose the commission of any offence of cheating, their face value, do not disclose the commissi their face value, do not disclose the commissi criminal breach of trust or forgery. Furthermore, the entire case is based on criminal breach of trust or forgery. Furthermore, the entire case is based on criminal breach of trust or forgery. Furthermore, the entire case is based on criminal breach of trust or forgery. Furthermore, the entire case is based on documentary evidence which is already available with the investigating documentary evidence which is already available with the investigating documentary evidence which is already available with the investigating documentary evidence which is already available with the investigating agency and no recovery is required to be effected from the petitioner. It ha agency and no recovery is required to be effected from the petitioner. agency and no recovery is required to be effected from the petitioner. It has petitioner is ready and willing to join been further contended that the petitioner is ready and willing to join been further contended that the and there is no likelihood of the investigation as and when required and there is no likelihood of the and there is no likelihood of the investigation as and when required petitioner absconding from the process of justice or tampering with the petitioner absconding from the process of justice or tampering with the petitioner absconding from the process of justice or tampering with the petitioner absconding from the process of justice or tampering with the prosecution evidence in case he is enlarged on pre prosecution evidence in case he is en arrest bail. On strength larged on pre-arrest bail. On strength of these submissions, the grant of anticipatory bail is entreated for. of these submissions, the grant of anticipatory bail is entreated for. of these submissions, the grant of anticipatory bail is entreated for.

#4. Referring to status report by way of an status report dated 10.07.2026 by way of an affidavit of Vishal, HPS, Assistant Commissioner of Police, HQ affidavit of III, Vishal, HPS, Assistant Commissioner of Police, HQ-III, d State counsel has opposed the grant of anticipatory bail Gurugram, learned State counsel has opposed the grant of anticipatory bail d State counsel has opposed the grant of anticipatory bail Gurugram, allegations levelled against the to the petitioner by arguing that the allegations levelled against the to the petitioner by arguing that the to the petitioner by arguing that the petitioner are grave, serious and supported by specific material collected petitioner are grave, serious and supported by specific material collected petitioner are grave, serious and supported by specific material collected petitioner are grave, serious and supported by specific material collected during the course of the course of investigation. The relevant pa rt of the reply reads as The relevant part of the reply reads as under: “13. Role of the petitioner: The role attributed to the petitioner Role of the petitioner: The role attributed to the petitioner Role of the petitioner: The role attributed to the petitioner Abhinav Sharma in the commission of the present offence is that, he in Abhinav Sharma in the commission of the present offence is that, he in Abhinav Sharma in the commission of the present offence is that, he in accused had created a fake email by using connivance with other co-accused had created a fake email by using accused had created a fake email by using redentials and a fake mail was sent to the HSVP the complainant credentials and a fake mail was sent to the HSVP redentials and a fake mail was sent to the HSVP CRM-M- -35367-2026 4 Department cancelling the transfer permission allegedly by the Department cancelling the transfer permission allegedly by the Department cancelling the transfer permission allegedly by the complainant himself, complainant himself, complainant himself, thereby causing wrongful thereby causing wrongful thereby causing wrongful accused complainant and wrongful gain to himself and the co-accused complainant and wrongful gain to himself and the co ioner has, since the registration of the persons. Further, the petitioner has, since the registration of the ioner has, since the registration of the present case, evaded the process of investigation and has not been present case, evaded the process of investigation and has not been present case, evaded the process of investigation and has not been found available at his known addresses despite repeated raids found available at his known addresses despite repeated raids found available at his known addresses despite repeated raids conducted by the investigating agency.” conducted by the investigating agency. said reply, Raising submissions in tandem with the aforesaid reply, Raising submissions in tandem with the afore induced the learned State counsel has further iterated that the petitioner has induced the learned State counsel has further iterated that the learned State counsel has further iterated that the (s) in question complainant to enter into the transaction, received the amount(s) in question complainant to enter into the transaction, received complainant to enter into the transaction, received towards the sale consideration and thereafter intentionally avoided towards the sale consideration and thereafter intentionally avoided towards the sale consideration and thereafter intentionally avoided execution of the sale-deed. It has been execution of th further submitted that despite the has been further submitted that despite the complainant having obtained a decree for specific performance from the complainant having obtained a decree for specific performance from the complainant having obtained a decree for specific performance from the complainant having obtained a decree for specific performance from the accused, competent Civil Court, the petitioner, in connivance with the co-accused, competent Civil Court, the petitioner, in connivance with the co competent Civil Court, the petitioner, in connivance with the co intention of defeating the transferred the property to third parties with the intention of defeating the transferred the property to third parties with the transferred the property to third parties with the during the course of investigation, it rights of the complainant. Furthermore, during the course of investigation, it during the course of investigation, it rights of the complainant. allegedly created and used for getting has surfaced that a fake e-mail ID was allegedly created and used for getting allegedly created and used for getting has surfaced that a fake e the transfer permission cancelled without the knowledge of the complainant. the transfer permission cancelled without the knowledge of the complaina the transfer permission cancelled without the knowledge of the complaina the transfer permission cancelled without the knowledge of the complaina custodial interrogation of the Learned State counsel has emphasized that the custodial interrogation of the Learned State counsel has emphasized that the Learned State counsel has emphasized that the petitioner is necessary for recovery and examination of electronic devices petitioner is necessary for recovery and examination of electronic devices petitioner is necessary for recovery and examination of electronic devices petitioner is necessary for recovery and examination of electronic devices and for unearthing the complete conspiracy behind the commission of the and for unearthing the complete conspiracy behind the commission of the and for unearthing the complete conspiracy behind the commission of the and for unearthing the complete conspiracy behind the commission of the offence. Accordingly, the ismissal of the instant petition is prayed for. Accordingly, the dismissal of the instant petition is prayed for.

#5. has raised Learned counsel appearing for the complainant has raised Learned counsel appearing for the submissions in tandem with the State counsel. Learned counsel has iterated submissions in tandem with the State counsel. Learned counsel has iterated submissions in tandem with the State counsel. Learned counsel has iterated submissions in tandem with the State counsel. Learned counsel has iterated s stage, that the allegations cannot be termed as merely civil in nature at this stage, that the allegations cannot be termed as merely civil in nature at thi that the allegations cannot be termed as merely civil in nature at thi as the material on record prima facie as the material on record discloses dishonest intention and discloses dishonest intention and According to learned inducement from the very inception of the transaction. According to learned inducement from the very inception of the transaction. inducement from the very inception of the transaction. the complainant entered into an Agreement to Sell with the counsel, the complainant entered into an Agreement to Sell with the the complainant entered into an Agreement to Sell with the counsel, CRM-M- -35367-2026 5 petitioner after verifying the ownership documents of the property and paid petitioner after verifying the ownership documents of the property and paid petitioner after verifying the ownership documents of the property and paid petitioner after verifying the ownership documents of the property and paid the substantial amount towards the sale consideration from time to time. substantial amount(s) towards the sale consideration from time to time. towards the sale consideration from time to time. Despite receiving the said amounts, the petitioner continuously avoided Despite receiving the said amounts, the petitioner continuously avoided Despite receiving the said amounts, the petitioner continuously avoided nd kept demanding additional money on one execution of the sale-deed and kept demanding additional money on one nd kept demanding additional money on one execution of the sale Learned counsel has further contended that the pretext or another. Learned counsel has further contended that the Learned counsel has further contended that the pretext or another. complainant was compelled to institute a civil suit for specific performance complainant was compelled to institute a civil suit for specific performance complainant was compelled to institute a civil suit for specific performance complainant was compelled to institute a civil suit for specific performance which ultimately decreed in his favour by the competent Civil Court. which ultimately decreed in his favour by the competent Civil Court. which ultimately decreed in his favour by the competent Civil Court. which ultimately decreed in his favour by the competent Civil Court. owever, during the execution proceedings, it came to light that the However, during the execution proceedings, it came to light that the owever, during the execution proceedings, it came to light that the owever, during the execution proceedings, it came to light that the petitioner has already transferred the property to third parties in order to petitioner has already transferred the property to third parties in order to petitioner has already transferred the property to third parties in order to petitioner has already transferred the property to third parties in order to defeat the lawful rights of the complainant. Considering the seriousness of defeat the lawful rights of the complainant. Considering the seriousness of defeat the lawful rights of the complainant. Considering the seriousness of defeat the lawful rights of the complainant. Considering the seriousness of attributed to the petitioner, the dismissal the allegations and the active role attributed to the petitioner, the dismissal attributed to the petitioner, the dismissal the allegations and the active role of the petition in hand is prayed for. of the petition in hand is prayed for.

#6. and have I have heard the learned counsel for the rival parties and have I have heard the learned counsel for the gone through the available record of the case. gone through the available record of the case. gone through the available record of the case.

#7. y, serious As per the material available on record, indubitably, serious As per the material available on record, indubitabl allegations have been levelled against the petitioner. The allegations allegations have been levelled against the petitioner. The allegations allegations have been levelled against the petitioner. The allegations allegations have been levelled against the petitioner. The allegations levelled in the FIR, at this stage, prima facie levelled in the FIR, at this stage, cannot be brushed aside as prima facie cannot be brushed aside as merely giving rise to a civil dispute. Though merely giving rise to a civil dispute. admittedly Though the parties have admittedly t to Sell and civil proceedings were also initiated entered into an Agreement to Sell and civil proceedings were also initiated t to Sell and civil proceedings were also initiated entered into an Agreemen but the allegations the allegations prima facie shows shows the allegations are beyond mere breach of contract. The complainant has specifically alleged that after breach of contract. The complainant has specifically alleged that after breach of contract. The complainant has specifically alleged that after breach of contract. The complainant has specifically alleged that after receiving receiving the substantial amount(s) from him, the petitioner h intentionally avoided the execution of the sale intentionally avoided got the transfer execution of the sale-deed; got the transfer permission cancelled without his knowledge and subsequently transferred permission cancelled without his knowledge and subsequently transferred permission cancelled without his knowledge and subsequently transferred permission cancelled without his knowledge and subsequently transferred In the considered opinion of this Court, the property to the third party(s). In the considered opinion of this Court, In the considered opinion of this Court, the property to close elements of deception and fraudulent hese allegations prima facie disclose elements of deception and fraudulent close elements of deception and fraudulent these allegations CRM-M- -35367-2026 6 The material collected conduct which require thorough investigation. The material collected conduct which require thorough investigation. conduct which require thorough investigation. during the course of the course of investigation indicates that was the investigation indicates that the petitioner was the person who was dealing with the complainant throughout the transaction. who was dealing with the complainant throughout the transaction dealing with the complainant throughout the transaction Furthermore, the investigating agency has alleged that Furthermore, the the petitioner has investigating agency has alleged that the petitioner has created a fake e a fake e-mail and used it for cancellation of the transfer for the cancellation of the transfer permission application. At this stage, permission Court cannot overlook the . At this stage, this Court cannot overlook the substantial consideration from the allegation that after receiving the substantial consideration from the substantial consideration from the allegation that after receiving complainant, the property has been transferred to other person complainant, the property In the transferred to other person(s). In the he possibility of a larger conspiracy and considered opinion of this Court, the possibility of a larger conspiracy and he possibility of a larger conspiracy and considered opinion of this Court, t the involvement of electronic evidence cannot be ruled out, at this st the involvement of electronic evidence cannot be ruled out, at this stage, and The amount involved is substantial which requires further investigation. The amount involved is substantial which The amount involved is substantial which requires further indicates the seriousness and gravity of the offence. In the prima facie indicates the seriousness and gravity of the offence. In the indicates the seriousness and gravity of the offence. In the prima facie considered opinion of this Court, the economic offences of such magnitude considered opinion of this Court, the economic offences of such magnitude considered opinion of this Court, the economic offences of such magnitude considered opinion of this Court, the economic offences of such magnitude cannot be treated at par with ordinary offences as they have far cannot be treated at par w reaching ith ordinary offences as they have far-reaching consequences on public trust. The plea consequences on public trust. raised on behalf of the petitioner plea raised on behalf of the petitioner that the dispute is purely civil in nature does not persuade this Court at this that the dispute is purely civil in nature does not persuade this Court at this that the dispute is purely civil in nature does not persuade this Court at this that the dispute is purely civil in nature does not persuade this Court at this . In the considered opinion of this Court, merely because . In the considered opinion of this Court, stage. In the considered opinion of this Court, transaction pertains to sale and purchase of land or involves monetary transaction pertains to sale and purchase of land or involves monetary transaction pertains to sale and purchase of land or involves monetary transaction pertains to sale and purchase of land or involves monetary take away the criminality if the allegations dealings would not, by itself, take away the criminality if the allegations take away the criminality if the allegations dealings would not prima facie disclose dishonest inducement and deception prima facie from the disclose dishonest inducement and deception right from the inception. The question(s) as to whether inception. (s) as to whether the transaction has failed failed on dispute or whether the intention to deceive existed account of a bona fide dispute or whether the intention to deceive existed dispute or whether the intention to deceive existed account of from the very beginning is a matter which requires thorough investigation from the very beginning is a matter which requires thorough investigation from the very beginning is a matter which requires thorough investigation from the very beginning is a matter which requires thorough investigation or grant of and cannot be conclusively adjudicated upon in a petition for grant of and cannot be conclusively adjudicated upon and cannot be conclusively adjudicated upon At the stage of anticipatory bail, the Court is primarily anticipatory bail. At the stage of anticipatory bail, the Court is primarily At the stage of anticipatory bail, the Court is primarily anticipatory bail. the role required to examine the nature and gravity of accusations and the role required to examine the nature and gravity of accusations required to examine the nature and gravity of accusations CRM-M- -35367-2026 7 The exact nature and extent of the involvement of The exact nature and extent of the involvement attributed to the accused. The exact nature and extent of the involvement attributed to the accused ires deeper investigation for which custodial interrogation the petitioner requires deeper investigation for which custodial interrogation ires deeper investigation for which custodial interrogation the petitioner The grant of anticipatory bail at this stage of the petitioner may be essential. The grant of anticipatory bail at this stage The grant of anticipatory bail at this stage of the petitioner may be may hamper the investigation. may hamper the investigation.

#8. plausible cause has been shown, at Furthermore, no cause nay plausible cause has been shown, at plausible cause has been shown, at this stage, from which it can be deciphered that the petitioner has been this stage, from which it can be deciphered that the petitioner has been this stage, from which it can be deciphered that the petitioner has been this stage, from which it can be deciphered that the petitioner has been FIR. It goes without saying that in the falsely implicated into the present FIR. It goes without saying that in the FIR. It goes without saying that in the falsely implicated into the present instant case, the allegations against the petitioner, as emerging from instant case, the FIR the allegations against the petitioner, as emerging from the FIR and material placed on record, are neither vague nor general in nature. At and material placed on record, are neither vague nor general in nature. and material placed on record, are neither vague nor general in nature. and material placed on record, are neither vague nor general in nature. discloses this stage, the material collected during investigation prima facie discloses this stage, the material collected during investigation this stage, the material collected during investigation active participation and a specific role attributable to the petitioner in the active participation and a specific role attributable to the petitioner in the active participation and a specific role attributable to the petitioner in the active participation and a specific role attributable to the petitioner in the alleged acts of cheating and conspiracy. alleged acts of The investigation is at nascent cheating and conspiracy. The investigation is at nascent It is befitting to mention here that while considering a plea for grant It is befitting to mention here that while considering a plea for stage. It is befitting to mention here that while considering a plea for of anticipatory bail, the Court has to equilibrate between safeguarding of anticipatory bail, the Court has to equilibrate between safeguarding of anticipatory bail, the Court has to equilibrate between safeguarding of anticipatory bail, the Court has to equilibrate between safeguarding sts. The Court ought to reckon individual rights and protecting societal interests. The Court ought to reckon individual rights and protecting societal intere individual rights and protecting societal intere with the magnitude and nature of the offence; the role attributed to the with the magnitude and nature of the offence; the role attributed to the with the magnitude and nature of the offence; the role attributed to the 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 accused; the need for fair and free investigation as also the deeper and wide accused; the need for fair and free investigation as also the deeper and wide 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 impact of such alleged iniquities on the society. At this stage, there is impact of such alleged iniquities on the society. At this stage, there is material on record to hold that prima facie material on record to hold that case is not made out against the prima facie case is not made out against the preliminary petitioner. The material which has come on record and the preliminary petitioner. The material which has come on record and petitioner. The material which has come on record and investigation, appear to establish a reasonable basis for the accusations. investigation, appear to establish a reasonable basis for the accusations. investigation, appear to establish a reasonable basis for the accusations. investigation, appear to establish a reasonable basis for the accusations. grant anticipatory bail to the petitioner, as it Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it grant anticipatory bail to the petitioner, as it Thus, it is not appropriate to State v. would necessarily cause impediment in effective investigation. In State v. would necessarily cause impediment in effective investigation. In would necessarily cause impediment in effective investigation. In