Kunal Arora And Anr vs. State Of Punjab
Original PDF →Facts
The petitioners, Kunal Arora and another, sought pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, apprehending arrest in FIR No. 0081 dated 12.05.2026. The FIR was registered under various sections of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 406, 420, 465, 467, 468, 471, 120-B, and 506 IPC) at Police Station Jodhewal, District Ludhiana. The complainant alleged that the petitioners, who had been tenants since May 2019, defaulted on rent and other charges, accumulating an outstanding liability of approximately ₹29,90,000/-. Crucially, the complainant alleged that the petitioners conspired to prepare forged rent agreements dated 29.09.2020 and 28.08.2021, purportedly executed by him, and used these documents to obtain GST registration. The complainant asserted that only one rent deed, dated 14.12.2023, was actually executed. The petitioners claimed false implication and that the dispute stemmed from a landlord-tenant relationship, with the rent agreements being executed by the complainant and remaining in his possession. The High Court initially granted interim anticipatory bail.
Held
The Court allowed the petition and made the interim anticipatory bail absolute. The Court noted that the existence of a landlord-tenant relationship and the petitioners' possession since May 2019 were admitted facts. The core allegation revolved around the genuineness of certain rent agreements allegedly used before the GST authorities. The Court acknowledged that the authenticity of these documents and the circumstances of their creation required investigation. However, it observed that the controversy substantially arose from a contractual and tenancy relationship, and the allegations were primarily document-based. The Court found that the relevant material could be collected through investigation without necessarily requiring custodial interrogation. The petitioners had joined the investigation and expressed willingness to cooperate. No material was presented to suggest they would abscond or tamper with evidence. Considering the fact that the petitioners had joined the investigation, and importantly, that the matter had been amicably settled between the parties, the Court deemed it appropriate to grant absolute anticipatory bail. The order was clarified not to be a blanket protection and liberty was reserved for the State/complainant to seek cancellation if conditions were violated or for other sufficient cause. The Court explicitly stated that its observations were not to be construed as an opinion on the merits of the case.
Key Issues
1. Whether the petitioners are entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the allegations of forgery of rent agreements and their use for GST registration, and the existence of a landlord-tenant dispute? Petitioner's Arguments: The petitioners contended that they were falsely implicated and that the criminal proceedings were initiated with an oblique motive to pressure them to vacate the premises. They argued that the dispute was essentially a landlord-tenant matter, with their possession since May 2019 being undisputed. They further claimed that the rent agreements dated 29.09.2020 and 28.08.2021 were indeed executed by the complainant and were in his possession. The petitioners expressed willingness to join the investigation. Respondent's (State of Punjab) Arguments: The State sought time to file a status report. Subsequently, they submitted that while the petitioners joined the investigation, their custodial interrogation was required due to the nature and gravity of the allegations. Complainant's Arguments: The complainant initially denied executing the rent agreements dated 29.09.2020 and 28.08.2021, stating that only the rent deed dated 14.12.2023 was executed. However, the complainant later submitted that the matter had been amicably settled between the parties.
Sections Cited
Section 482, Section 482(2)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
authenticity of this order/judgment HIgh Court Chandigarh
CRM-M-33694-2026
P a g e | 2
Section 438 Cr.P.C.), the petitioners seek the concession of anticipatory bail in FIR No.0081 dated 12.05.2026 registered under Sections 316(2), 318(4), 336(2), 338, 336(3), 340(2), 61(2) and 351(2)(3) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 406, 420, 465, 467, 468, 471, 120-B read with Section 506 IPC) at Police Station Jodhewal, District Ludhiana.
The FIR has been registered on the complaint of Deepak Sharma alleging that he had let out his property to petitioner No.1 in May 2019 on a monthly rent of ₹60,000/- besides liability towards electricity charges, property tax and other allied expenses. According to the complainant, rent was regularly paid till July 2022, whereafter the petitioners defaulted in payment of rent and other charges, resulting in an outstanding liability of approximately 29,90,000/-. It is further alleged that upon making inquiries, the complainant came to know that the petitioners, in conspiracy with each other, had prepared forged rent agreements dated 29.09.2020 and 28.08.2021 purportedly executed by the complainant and had utilized the said documents before the GST Department for obtaining registration. The complainant asserts that no such agreements were ever executed by him and that the only rent deed executed between the parties was dated 14.12.2023. It is alleged that when confronted, the petitioners failed to furnish any satisfactory explanation.
Learned senior counsel appearing for the petitioners submits that the petitioners have been falsely implicated and that the present criminal proceedings have been initiated with an oblique motive to pressurize them to vacate the tenanted premises. It is contended that the dispute essentially arises out of a long- standing landlord-tenant relationship, the possession of the premises by the petitioners since May 2019 being undisputed. It is further argued that the rent agreements dated 29.09.2020 and 28.08.2021 were in fact executed by the complainant himself and remained in his possession. Learned counsel submits that the petitioners are ready and willing to join the investigation and cooperate with the investigating agency.
Upon notice, learned State counsel appears and seeks time to file a detailed status report. NAVEEN NAGPAL 2026.08.04 16:57 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh
CRM-M-33694-2026
P a g e | 3
Learned counsel appearing on behalf of the complainant submits that no rent agreements dated 29.09.2020 and 28.08.2021 were ever executed by the complainant. However, on a specific query put by this Court, it is fairly conceded that the petitioners have remained in possession of the premises since May 2019. It is further submitted that, according to the complainant, the only rent deed executed between the parties is the one dated 14.12.2023. 6. Having considered the rival submissions, this Court finds that the existence of a landlord-tenant relationship between the parties and the possession of the premises by the petitioners since May 2019 are admitted facts. The principal allegation revolves around the genuineness or otherwise of certain rent agreements allegedly utilized by the petitioners before the GST authorities. Whether the said documents are genuine or forged, and the circumstances under which they came into existence, are matters requiring investigation and examination of documentary evidence.
At this stage, the controversy appears to arise substantially out of an existing contractual and tenancy relationship between the parties. The allegations are primarily document-based in nature and the relevant material is capable of being collected through investigation without necessarily subjecting the petitioners to custodial interrogation. The petitioners have expressed their willingness to join the investigation and cooperate with the investigating agency. No material has been pointed out at this stage to indicate that the petitioners are likely to abscond, tamper with evidence or evade the process of law.
Without expressing any opinion on the merits of the case, this Court considers it appropriate to grant interim protection to the petitioners till the next date of hearing.
Adjourned to 04.08.2026 for filing of status report.
In the meantime, in the event of arrest, the petitioners shall be released on interim bail to the satisfaction of the Arresting Officer/Investigating Officer, subject to the following conditions:- NAVEEN NAGPAL 2026.08.04 16:57 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh
CRM-M-33694-2026
P a g e | 4
(i) The petitioners shall join the investigation as and when called upon to do so and shall cooperate with the investigating agency in all respects; (ii) The petitioners shall not directly or indirectly induce, threaten, influence or contact any witness or any person acquainted with the facts of the case with a view to dissuade him from disclosing such facts before the investigating agency or the Court; (iii) The petitioners shall not leave the country without prior permission of the competent Court; and (iv) The petitioners shall comply with all the conditions envisaged under Section 482(2) of the BNSS, 2023. List on the date already fixed.”
Learned State counsel has filed status report by way of affidavit Assistant Commissioner of Police (North), Ludhiana in Court today, which is taken on record. A copy thereof has been furnished to learned counsel for the petitioner. He (on instructions from ASI Balkar Singh) has submitted that the petitioners have joined investigation but his custodial interrogation is required, keeping in view the nature and gravity of the allegations.
Learned counsel for the complainant has submitted that the matter has been amicably settled between the parties.
Keeping in view the factual milieu of the case in hand, especially the factum of the petitioners having joined the investigation and their custodial interrogation being sought for by the State, keeping in view the nature and gravity of the allegations, the petition is allowed and the order dated 11.06.2026 granting interim anticipatory bail to the petitioners is hereby made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS. NAVEEN NAGPAL 2026.08.04 16:57 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh
CRM-M-33694-2026
P a g e | 5
This order should not be treated as “blanket” order. It will not be read granting petitioners indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence.
Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioners violate any condition stipulated under Section 482(2) of BNSS or upon showing any other sufficient cause.
Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case.
Pending application(s), if any, shall also stand disposed off.
(SUMEET GOEL) 04.08.2026
JUDGE Naveen Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No
NAVEEN NAGPAL 2026.08.04 16:57 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh
Reproduced from the public record of the Punjab and Haryana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.