Vinay Kumar Bisnoi v. State and anr

Applicant in connection with FIR No.250 of 2024, Police Station Dalanwala, District Dehradun, registered under Sections 316 (2), 318 (4), 336 (3), 338, 340 (2) and 61 (2) of the B.N.S., 2023. The gravamen of the allegations is that the Applicant, acting in concert with other individuals, induced the Informant to part with substantial amounts of money and created an impression of lawful ownership over certain immovable property. It is alleged that forged documents were utilised to represent title and that the Informant was deceived into entering a transaction which subsequently resulted in financial loss.

2. The Informant has further alleged that upon discovery of the alleged misrepresentation, he sought clarification and a refund, but the Applicant evaded responsibility. It is also stated that the Applicant had been previously involved in similar transactions which, according to the Informant, reflected a continuing course of conduct amounting to deception. Anticipatory Bail Application No.130 of 2025, Vinay Kumar Bisnoi Vs State and anr- 1 Ashish Naithani J.

3. The material collected during the investigation so far includes the FIR, statements under Section 161 of the Bharatiya Nagarik Suraksha Sanhita, certain sale-related documents, entries of financial transfers and preliminary technical reports regarding property ownership. The charge sheet is yet to be filed.

4. The Applicant apprehends arrest during the course of investigation and has approached this Court seeking protection under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, asserting that the allegations are false, fabricated and actuated by personal enmity arising out of a disputed property transaction.

5. Learned counsel for the Applicant submitted that the dispute, at its core, is civil in nature and concerns rival claims pertaining to ownership, transfer and possession of immovable property. It was urged that monetary transfers made by the Informant were voluntary and were part of a commercial transaction that later turned sour. Learned counsel contended that the essential ingredients of the alleged offences, particularly Sections 316 sub-section 2 and 318 sub-section 4 of the BNS, are not attracted in the absence of dishonest intention at the inception of the transaction.

6. It was further submitted that the Applicant has cooperated with the investigation, has deep roots in society, and is neither a flight risk nor likely to tamper with evidence. According to learned counsel, custodial interrogation is unnecessary in the facts of the present case as the entire case hinges on documentary material already in the possession of the Investigating Officer.

7. Learned counsel emphasised that the FIR is the outcome of pressure tactics adopted by the Informant to arm-twist the Applicant into accepting terms not agreed upon between the parties. It was also stated that the Applicant has clean antecedents, and any arrest would cause irreparable Anticipatory Bail Application No.130 of 2025, Vinay Kumar Bisnoi Vs State and anr- 2 Ashish Naithani J. injury to his reputation, career and livelihood. It was thus prayed that the Applicant be enlarged on anticipatory bail.

8. Learned AGA appearing for the State opposed the application and submitted that the allegations disclose a systematic, pre-planned and deliberate attempt to mislead the Informant through fabricated documents and false assurances of ownership. It was argued that the material collected so far prima facie indicates that the Applicant induced the Informant with dishonest intention and thereby caused financial loss.

9. Learned AGA further submitted that custodial interrogation is required to trace the flow of funds, to ascertain the involvement of other individuals and to recover original documents which are crucial for establishing the chain of fraudulent transactions. According to learned AGA, several crucial facts have remained unexplained, and the investigation is at a sensitive stage where granting anticipatory bail may adversely affect the unearthing of the full modus operandi.

10. It was also contended that the Applicant did not appear before the Investigating Officer despite multiple notices and that his conduct reflects non-cooperation. Learned AGA argued that given the gravity of the allegations, the nature of the offence and its impact upon public confidence in rightful property transactions, this is not a fit case for the grant of anticipatory bail.

12. Heard learned counsel for the Parties and perused the records. The Court is mindful that at the stage of anticipatory bail, the merits of the prosecution case cannot be examined in detail, and the assessment is confined to the nature of the allegations, the role attributed to the Applicant, the material collected so far, the requirement of custodial interrogation and the necessity of ensuring that the investigation proceeds fairly without undue obstruction. The Court must balance the fundamental right to personal liberty with the interests of a proper investigation. Anticipatory Bail Application No.130 of 2025, Vinay Kumar Bisnoi Vs State and anr- 3 Ashish Naithani J.

13. In the present case, the allegations pertain to inducement and misrepresentation in respect of immovable property. The FIR refers to monetary transfers made by the Informant and certain documents executed between the parties. The defence asserts that the dispute is, in essence, civil in nature arising out of a commercial arrangement which subsequently deteriorated. Without expressing any concluded opinion, it is evident from the material placed before this Court that the core of the dispute turns substantially on documentary transactions and competing claims regarding title, representation and performance of obligations. These matters will require detailed scrutiny during trial and cannot be conclusively evaluated at this interlocutory stage.

14. The Investigating Officer has collected the principal documents forming the basis of the transaction, including sale-related papers and financial entries, and there is nothing on record to show that the Applicant has withheld any primary material. The allegation that custodial interrogation indispensable has not been supported by any specific instance demonstrating that such interrogation is essential recovery of incriminating material uniquely within the knowledge or possession of the Applicant. The record indicates that the investigation has progressed substantially and the remaining aspects do not appear to require incarceration of the Applicant.

15. The Applicant has expressed willingness to cooperate with the investigation and to appear before the Investigating Officer as and when required. There is no material to suggest that he is a flight risk, or that he has attempted to influence witnesses or tamper with evidence. The offences alleged are not punishable with death or life imprisonment. In the facts of this case, the Court is satisfied that the custodial interrogation of the Applicant is neither necessary nor justified, and that his presence can be secured by imposing appropriate conditions. Anticipatory Bail Application No.130 of 2025, Vinay Kumar Bisnoi Vs State and anr- 4 Ashish Naithani J.

16. In these circumstances, and keeping in view the settled principles governing anticipatory bail, this Court is of the considered view that the Applicant has made out a case for grant of anticipatory bail, subject to conditions that ensure his cooperation with the ongoing investigation. ORDER The anticipatory bail application is allowed. In the event of arrest of the Applicant in connection with FIR No.250 of 2024, Police Station Dalanwala, District Dehradun, registered under Sections 316 (2), 318 (4), 336 (3), 338, 340 (2) and 61 (2) of the B.N.S., 2023, he shall be released on anticipatory bail on furnishing a personal bond and two sureties to the satisfaction of the Arresting Officer or the court concerned, subject to the following conditions:

1. The Applicant shall cooperate with the investigation and shall appear before the Investigating Officer as and when required.

2. The Applicant shall not tamper with the evidence or attempt to influence any witness.

3. The Applicant shall not leave the territory of India without prior permission of the court concerned.

4. The Applicant shall make himself available for interrogation as and when directed by the Investigating Officer. (Ashish Naithani J.) SB Anticipatory Bail Application No.130 of 2025, Vinay Kumar Bisnoi Vs State and anr- 5 Ashish Naithani J.

Applicant in connection with FIR No.250 of 2024, Police Station Dalanwala, District Dehradun, registered under Sections 316 (2), 318 (4), 336 (3), 338, 340 (2) and 61 (2) of the B.N.S., 2023. The gravamen of the allegations is that the Applicant, acting in concert with other individuals, induced the Informant to part with substantial amounts of money and created an impression of lawful ownership over certain immovable property. It is alleged that forged documents were utilised to represent title and that the Informant was deceived into entering a transaction which subsequently resulted in financial loss.

2. The Informant has further alleged that upon discovery of the alleged misrepresentation, he sought clarification and a refund, but the Applicant evaded responsibility. It is also stated that the Applicant had been previously involved in similar transactions which, according to the Informant, reflected a continuing course of conduct amounting to deception. Anticipatory Bail Application No.130 of 2025, Vinay Kumar Bisnoi Vs State and anr- 1 Ashish Naithani J.

3. The material collected during the investigation so far includes the FIR, statements under Section 161 of the Bharatiya Nagarik Suraksha Sanhita, certain sale-related documents, entries of financial transfers and preliminary technical reports regarding property ownership. The charge sheet is yet to be filed.

4. The Applicant apprehends arrest during the course of investigation and has approached this Court seeking protection under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, asserting that the allegations are false, fabricated and actuated by personal enmity arising out of a disputed property transaction.

5. Learned counsel for the Applicant submitted that the dispute, at its core, is civil in nature and concerns rival claims pertaining to ownership, transfer and possession of immovable property. It was urged that monetary transfers made by the Informant were voluntary and were part of a commercial transaction that later turned sour. Learned counsel contended that the essential ingredients of the alleged offences, particularly Sections 316 sub-section 2 and 318 sub-section 4 of the BNS, are not attracted in the absence of dishonest intention at the inception of the transaction.

6. It was further submitted that the Applicant has cooperated with the investigation, has deep roots in society, and is neither a flight risk nor likely to tamper with evidence. According to learned counsel, custodial interrogation is unnecessary in the facts of the present case as the entire case hinges on documentary material already in the possession of the Investigating Officer.

7. Learned counsel emphasised that the FIR is the outcome of pressure tactics adopted by the Informant to arm-twist the Applicant into accepting terms not agreed upon between the parties. It was also stated that the Applicant has clean antecedents, and any arrest would cause irreparable Anticipatory Bail Application No.130 of 2025, Vinay Kumar Bisnoi Vs State and anr- 2 Ashish Naithani J. injury to his reputation, career and livelihood. It was thus prayed that the Applicant be enlarged on anticipatory bail.

8. Learned AGA appearing for the State opposed the application and submitted that the allegations disclose a systematic, pre-planned and deliberate attempt to mislead the Informant through fabricated documents and false assurances of ownership. It was argued that the material collected so far prima facie indicates that the Applicant induced the Informant with dishonest intention and thereby caused financial loss.

9. Learned AGA further submitted that custodial interrogation is required to trace the flow of funds, to ascertain the involvement of other individuals and to recover original documents which are crucial for establishing the chain of fraudulent transactions. According to learned AGA, several crucial facts have remained unexplained, and the investigation is at a sensitive stage where granting anticipatory bail may adversely affect the unearthing of the full modus operandi.

10. It was also contended that the Applicant did not appear before the Investigating Officer despite multiple notices and that his conduct reflects non-cooperation. Learned AGA argued that given the gravity of the allegations, the nature of the offence and its impact upon public confidence in rightful property transactions, this is not a fit case for the grant of anticipatory bail.

12. Heard learned counsel for the Parties and perused the records. The Court is mindful that at the stage of anticipatory bail, the merits of the prosecution case cannot be examined in detail, and the assessment is confined to the nature of the allegations, the role attributed to the Applicant, the material collected so far, the requirement of custodial interrogation and the necessity of ensuring that the investigation proceeds fairly without undue obstruction. The Court must balance the fundamental right to personal liberty with the interests of a proper investigation. Anticipatory Bail Application No.130 of 2025, Vinay Kumar Bisnoi Vs State and anr- 3 Ashish Naithani J.

13. In the present case, the allegations pertain to inducement and misrepresentation in respect of immovable property. The FIR refers to monetary transfers made by the Informant and certain documents executed between the parties. The defence asserts that the dispute is, in essence, civil in nature arising out of a commercial arrangement which subsequently deteriorated. Without expressing any concluded opinion, it is evident from the material placed before this Court that the core of the dispute turns substantially on documentary transactions and competing claims regarding title, representation and performance of obligations. These matters will require detailed scrutiny during trial and cannot be conclusively evaluated at this interlocutory stage.

14. The Investigating Officer has collected the principal documents forming the basis of the transaction, including sale-related papers and financial entries, and there is nothing on record to show that the Applicant has withheld any primary material. The allegation that custodial interrogation indispensable has not been supported by any specific instance demonstrating that such interrogation is essential recovery of incriminating material uniquely within the knowledge or possession of the Applicant. The record indicates that the investigation has progressed substantially and the remaining aspects do not appear to require incarceration of the Applicant.

15. The Applicant has expressed willingness to cooperate with the investigation and to appear before the Investigating Officer as and when required. There is no material to suggest that he is a flight risk, or that he has attempted to influence witnesses or tamper with evidence. The offences alleged are not punishable with death or life imprisonment. In the facts of this case, the Court is satisfied that the custodial interrogation of the Applicant is neither necessary nor justified, and that his presence can be secured by imposing appropriate conditions. Anticipatory Bail Application No.130 of 2025, Vinay Kumar Bisnoi Vs State and anr- 4 Ashish Naithani J.

16. In these circumstances, and keeping in view the settled principles governing anticipatory bail, this Court is of the considered view that the Applicant has made out a case for grant of anticipatory bail, subject to conditions that ensure his cooperation with the ongoing investigation. ORDER The anticipatory bail application is allowed. In the event of arrest of the Applicant in connection with FIR No.250 of 2024, Police Station Dalanwala, District Dehradun, registered under Sections 316 (2), 318 (4), 336 (3), 338, 340 (2) and 61 (2) of the B.N.S., 2023, he shall be released on anticipatory bail on furnishing a personal bond and two sureties to the satisfaction of the Arresting Officer or the court concerned, subject to the following conditions:

1. The Applicant shall cooperate with the investigation and shall appear before the Investigating Officer as and when required.

2. The Applicant shall not tamper with the evidence or attempt to influence any witness.

3. The Applicant shall not leave the territory of India without prior permission of the court concerned.

4. The Applicant shall make himself available for interrogation as and when directed by the Investigating Officer. (Ashish Naithani J.) SB Anticipatory Bail Application No.130 of 2025, Vinay Kumar Bisnoi Vs State and anr- 5 Ashish Naithani J.