Himachal Pradesh High Court
Rakesh vs State Of Himachal Pradesh on 30 October, 2023
Bench: Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CrMP (M) No. 2655 of 2023 a/w
.
CrMPs (M) No. 2656 to 2659,
2669, 2670 and 2684 to 2695
of 2023
Decided on : 30.10.2023
1. CrMP (M) No. 2655 of 2023
Rakesh ...Applicant
Versus
State of Himachal Pradesh ...Respondent
........................................................................................
2. CrMP (M) No. 2656 of 2023
Kashmiri Lal ...Applicant
Versus
State of Himachal Pradesh ...Respondent
........................................................................................
3. CrMP (M) No. 2657 of 2023
Narottam Verma ...Applicant
Versus
State of Himachal Pradesh ...Respondent
........................................................................................
4. CrMP (M) No. 2658 of 2023
Shyam Lal Dhiman ...Applicant
Versus
State of Himachal Pradesh ...Respondent
........................................................................................
5. CrMP (M) No. 2659 of 2023
Gurmail Singh ...Applicant
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Versus
.
State of Himachal Pradesh ...Respondent
........................................................................................
6. CrMP (M) No. 2669 of 2023
Panjab Singh ...Applicant
Versus
State of Himachal Pradesh ...Respondent
........................................................................................
7. CrMP (M) No. 2670 of 2023
Paras Ram ...Applicant
Versus
State of Himachal Pradesh ...Respondent
........................................................................................
8. CrMP (M) No. 2684 of 2023
Satish Kumar ...Applicant
Versus
State of Himachal Pradesh ...Respondent
........................................................................................
9. CrMP (M) No. 2685 of 2023
Sandeep Kumar ...Applicant
Versus
State of Himachal Pradesh ...Respondent
........................................................................................
10. CrMP (M) No. 2686 of 2023
Bhupender Singh ...Applicant
Versus
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State of Himachal Pradesh ...Respondent
........................................................................................
.
11. CrMP (M) No. 2687 of 2023
Sanjay Kumar Thakur ...Applicant
Versus
State of Himachal Pradesh ...Respondent
........................................................................................
12. CrMP (M) No. 2688 of 2023
Pradeep Kumar ...Applicant
Versus
State of Himachal Pradesh ...Respondent
........................................................................................
13. CrMP (M) No. 2689 of 2023
Raj Kumar ...Applicant
Versus
State of Himachal Pradesh ...Respondent
........................................................................................
14. CrMP (M) No. 2690 of 2023
Ramesh Kumar ...Applicant
Versus
State of Himachal Pradesh ...Respondent
........................................................................................
15. CrMP (M) No. 2691 of 2023
Sanjeev Kumar ...Applicant
Versus
State of Himachal Pradesh ...Respondent
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........................................................................................
16. CrMP (M) No. 2692 of 2023
.
Davinder Singh ...Applicant
Versus
State of Himachal Pradesh ...Respondent
........................................................................................
17. CrMP (M) No. 2693 of 2023
Kamal Raj Attri ...Applicant
Versus
State of Himachal Pradesh ...Respondent
........................................................................................
18. CrMP (M) No. 2694 of 2023
Suresh Kumar ...Applicant
Versus
State of Himachal Pradesh ...Respondent
........................................................................................
19. CrMP (M) No. 2695 of 2023
Naresh Kumar Thakur ...Applicant
Versus
State of Himachal Pradesh ...Respondent
Coram
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the applicant(s) : Mr. Prem Chand Verma,
Advocate, for the applicants in
1
Whether Reporters of local papers may be allowed to see the judgment? Yes.
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CrMPs (M) No. 2655 to 2659 of
2023.
Mr. Ajay Thakur, Advocate, for
.
the applicants in CrMPs (M) No.
2669 and 2670 of 2023.
Mr. Arun Raj, Advocate, for the
applicants in CrMPs (M) No.
2684 to 2695 of 2023.
For the respondent(s) : Mr. Tejasvi Sharma, Additional
Advocate General, with Ms.
Leena Guleria, Deputy
Advocate General, assisted by
ASI Subhash Kumar, Police
Station Dhalli, District Shimla,
H.P.
Virender Singh, Judge. (Oral)
The above-noted bail applications are being
disposed of by the common order, as, all the applicants
have filed these applications, under Section 438 of the
Code of Criminal Procedure (hereinafter referred to as
'CrPC'), in case FIR No. 199 of 2023, dated 11 th October,
2023, registered under Sections 420, 465, 467, 468 and
120 B of the Indian Penal Code (hereinafter referred to as
'IPC'), with Police Station Dhalli, District Shimla, H.P.
2. The applicants are apprehending their arrest
in the above-titled case, as such, they have sought the
indulgence of this Court, to issue direction to the
Investigating Officer/police of Police Station, Dhalli,
.
District Shimla, H.P., to release them on bail, in the
event of their arrest, in the above-mentioned FIR.
3. According to the applicants, the FIR in
question has been registered at the instance of the
complainant, who has mentioned the false and
concocted facts, in the complaint.
4. As per the applicants, they have falsely been
implicated, in this case, as, they have nothing to do with
the offences, which have been mentioned in the FIR.
5. The applicants have termed the case of the
prosecution as false and highly improbable.
6. According to the applicants, they are law
abiding citizens and working in the Education
Department.
7. The applicants have also shown their readiness
and willingness to join the investigation, as and when,
directed by the Investigating Officer, to do so.
8. On the basis of the above facts, a prayer has
been made to allow the bail applications, by directing the
Investigating Officer/police of Police Station Dhalli, District
Shimla, H.P., to release them on bail, in the event of their
.
arrest, in the above-titled cases.
9. After perusing the stand of the applicants,
notice was issued to the State to file the status report.
10. On notice, the police has filed the status report,
disclosing therein, that on 11th October, 2023,
complainant-Virender Chauhan, State President, Himachal
Government Teachers' Union, filed a complaint before the
police, mentioning therein, the following facts:
10.1. The Himachal Government Teacher Union
(HGTU) is a Union of all categories of Teachers in Himachal
Pradesh, registered in the year 1957. The said Union has
its own constitution, according to which, in every three
years, elections of Union are conducted by State Election
Commission of Teachers Union. Before Elections, a
membership drive was started by the Union to frame
members and to generate funds through membership slips
issued by the State President. The record of all the
membership slips, issued to all the District and Block
Presidents, has been maintained by the State President,
General Secretary and Finance Secretary.
.
10.2. As per the complainant, the State House
Elections of the Union were held on 9th November, 2019 at
Bhattakuffar, Shimla. The present House, under the
Presidentship of Virender Chauhan (complainant) has
started the membership drive in all 140 Educational
Blocks in Himachal Pradesh, by printing and issuing slips
to all the District and Block Presidents from May, 2023.
After framing the Election Commission of HGTU, headed by
Chief Election Commissioner Arun Guleria, the election
process at Block Level and District Level is stated to be
almost complete and only election of Shimla District is
stated to be left, which are scheduled on 14 th October,
2023.
10.3. It has further been mentioned in the complaint
that strict action be taken, by lodging FIR, on the culprit
teachers, involved in forgery and collecting money from the
teachers in the name of membership of HGTU, by printing
membership slips at their own, without the registration
number, affiliation and logo and without authorization, on
account of which, lacs of rupees are going to be collected in
the name of HGTU, which is unaccounted.
.
10.4. The complainant has also named the persons,
who, according to him, have been expelled from the Union
and have absconded with money, total amounting to
₹ 16,83,920. In this regard, a case is also stated to have
been filed in the Court of learned ACJM-II, Shimla, which
is still pending.
10.5. As per the complainant, these culprits, once
again, alongwith some other teachers, are collecting money
from teachers on fraud membership slips and trying to
frame fraud Union Body in the name of HGTU in Shimla,
Chamba, Kangra, Hamirpur and Solan Districts, where
elections of Block, as well as, District Body, have already
been conducted.
10.6. On these facts, the complainant has requested
to lodge FIR against the culprit teachers, who are involved
in forgery and collecting money from innocent teachers, in
the name of HGTU, by printing fraud slips, at their own
level, with/without registration number, affiliation, logo
and without authorization to collect money.
11. On the basis of the above facts, the police
registered the case and the criminal machinery swung into
.
motion.
12. In the status report, which was filed, in this
case, initially, it has been mentioned that the documents,
with regard to the registration of the Union, under the
name and style of 'HGTU', is yet to be obtained. As per the
status report, there are total 23 accused persons. Apart
from the applicants, three other accused persons have filed
similar bail applications, before the Court of learned
Additional District and Sessions Judge, Shimla.
13. On the basis of the stand, as taken by the
police, in the said status report, interim protection was
given to the applicants, with a direction to join the
investigation.
14. Today, supplementary status report has been
filed, wherein, it has been mentioned that the elections of
the District Unit were held in the year 2019, under
leadership of the complainant, being the State President.
Thereafter, dispute had arisen between the Union and the
same had been bifurcated into two groups; one group had
elected Naresh Mahajan as their State President, whereas,
complainant-Virender Chauhan is the President of the
.
another group. Both the groups are working separately.
14.2. So far as the allegations of the complainant are
concerned, it is the stand of the police that the group being
headed by Naresh Mahajan is collecting the amount as
membership of the Union. The investigation is stated to be
at the initial stage.
14.3. In the supplementary status report, which has
been filed today, it has been mentioned that in the year
2019, the elections were held at the Block Level and
District Level peacefully. Thereafter, on 28 th October,
2019, the State Secretary, Shri Naresh Mahajan has moved
a complaint before the Chief Election Officer of HGTU, in
which, a request had been made to give the details of all
the members and the total funds received from them
during the membership drive. When, no reply was
received, then, on 3rd November, 2019, another letter was
addressed to the Chief Election Officer of HGTU, with a
request to change the place of the elections from
Bhattakuffar, Shimla, to any other place, which will be the
central place in the State. When, no reply was received,
then, on 5th November, 2019, said Naresh Mahajan called
.
an emergency meeting, in which, six newly elected District
Presidents, as well as, other members of HGTU had
participated. In the said meeting, it had been decided to
dissolve the State Election Committee and a new
Committee was constituted. The place for election had
been fixed at Mathani in District Hamirpur.
14.4. These facts have been mentioned to show that
on 5th November, 2019, HGTU had bifurcated in two
groups. On 9th November, 2019, both the groups had
conducted their elections at Bhattakuffar, as well as,
Mathani. The participants from six Districts had
participated in the said elections. In the elections held at
Bhattakuffar, complainant-Virender Chauhan has been
elected as President, whereas Naresh Mahajan has been
elected as President of HGTU, at Mathani.
14.5. As per the status report, in the elections held at
Mathani, the participants from Solan, Hamirpur, Bilaspur,
Kangra, Chamba and Mandi had participated.
14.6. During the course of investigation, it has come
on record that complainant-Virender Chauhan had filed a
.
Civil Suit against all these six District Presidents, in the
Court of learned Civil Judge (Senior Division), Court No. 2,
Shimla. The said Court has injucted the District
Executives from spending the funds of the District Units of
HGTU. The said matter is stated to be still sub judice.
14.7. It is the further case of the police that the
group, headed by the complainant, was not satisfied with
the activities of the another group of the Union, as such, a
meeting was called in the premises of SPM Model School,
Sanjauli, in which, the State Finance Secretary Devraj
Thakur and Press Secretary Kailash Thakur, alongwith 200
members, had participated. In the said meeting, No
Confidence Motion was passed against complainant-
Virender Chauhan and Kailash Thakur had been
appointed as Executive President. The said decision has
not been accepted by complainant-Virender Chauhan and
he has expelled the office bearers of the Union and formed
a new Executive Body. As such, the District Unit of HGTU
has also been bifurcated in two groups.
14.8. It has been mentioned in the supplementary
status report that complainant-Virender Chauhan has also
.
filed a suit against Kailash Thakur, Mahavir Kainthla,
Devraj Thakur, Shyamlal Handa and Sunil Sharma, in the
Court of learned ACJM-1, Shimla. All the said five persons
were restrained from using the name, insignia and funds of
HGTU.
14.9. Aggrieved from the said order, all the said five
persons had approached the Court of learned District
Judge, Shimla, by way of appeal, in which, the learned
Additional District Judge-II, Shimla, has stayed the
operation of the order, passed by the Court of learned
ACJM.
14.10. Lastly, it has been submitted that as per the
investigation, conducted till date, no offence has been
found to be made out against the applicants.
15. Heard.
16. The role, allegedly, played by the applicants, in
the commission of the crime, will be proved during the
investigation.
17. The applicants have joined the investigation and
it is not the case of the police that they are not cooperating
.
in the investigation. Even otherwise, no case has been put
forward by the police for custodial interrogation of the
applicants.
18. In such situation, when the police is coming
forward with the plea that no case is made out against the
applicants, it would be just and appropriate for this Court
to confirm the interim orders.
19. Consequently, interim orders, dated 16th
October, 2023, passed in CrMPs (M) No. 2655 to 2659 of
2023, dated 17th October, passed in CrMPs (M) No. 2669
and 2670 of 2023, and dated 18 th October, 2023, passed in
CrMPs (M) No. 2684 to 2695 of 2023, are made absolute.
Therefore, it is ordered that the applicants be released on
bail, in the event of their arrest, in case FIR No. 199 of
2023, dated 11th October, 2023, registered under Sections
420, 465, 467, 468 and 120 B IPC, with Police Station
Dhalli, District Shimla, H.P., on their furnishing personal
bonds, to the tune of ₹ 30,000/- each, with one surety
each of the like amount, to the satisfaction of the
Investigating Officer. The bail is granted, subject to the
following conditions:
.
a) That the applicants will join the investigation of
the case, as and when, called for, by the
Investigating Officer, in accordance with law;
b) That the applicants will not leave India, without
prior permission of the Court;
c) That the applicants will not, directly or
indirectly, make any inducement, threat or
promise to any person, acquainted with the facts
of the case, so as to dissuade him/her from
disclosing such facts to the Investigating Officer or
the Court; and
d) That the applicants shall regularly attend the
trial Court on each and every date of hearing and
if prevented by any reason to do so seek
exemption from appearance by filing appropriate
application;
20. Any of the observations, made hereinabove,
shall not be taken as an expression of opinion, on the
merits of the case, as, these observations, are confined,
only, to the disposal of the present bail applications.
21. The applicants are directed to move regular bail
applications, when, charge sheet will be filed in the
Competent Court of Law.
22. It is made clear that the respondent-State is at
liberty to move an appropriate application(s), in case, any
of the bail conditions, is found to be violated by the
applicants.
.
( Virender Singh )
Judge
October 30, 2023
( rajni )
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