Himachal Pradesh High Court

Decided On : 14.05.2025 vs State Of Himachal Pradesh on 14 May, 2025

Author: Virender Singh

Bench: Virender Singh

                                                   1
                                                                                    2025:HHC:13964




IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                 CrMP (M) No. : 744 of 2025
                                                 Decided on               : 14.05.2025



Nitin                                                                            ...Applicant

                                              Versus

State of Himachal Pradesh                                                        ...Respondent


Coram
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1


For the applicant                        :      Applicant in person with Mr.
                                                Hemant      Kumar    Thakur,
                                                Advocate.

For the respondent                       :      Mr. H.S. Rawat and Mr. Tejasvi
                                                Sharma, Additional Advocates
                                                General, assisted by SI Suresh
                                                Kumar, I/O PS West Shimla,
                                                H.P.


Virender Singh, Judge (Oral)

Apprehending his arrest, in case FIR No.156 of

2024 dated 09.09.2024, (hereinafter referred to as the 'FIR

in question'), registered under Sections 420, 465 and 468

of the Indian Penal Code, 1860 (hereinafter referred to as

1 Whether Reporters of local papers may be allowed to see the judgment? Yes.

2025:HHC:13964

the 'IPC'), with Police Station Boileuganj, District Shimla,

H.P., applicant-Nitin has filed the present application,

under Section 482 of the Bharatiya Nagarik Suraksha

Sanhita, 2023 (hereinafter referred to as 'BNSS').

2. By way of the present application, the applicant

has sought the indulgence of this Court to direct the

I.O/police of Police Station Boileuganj, to release him, on

bail, in the event of his arrest, in the above-mentioned

case/FIR.

3. According to the applicant, he is innocent

person and has falsely been named as accused, in this

case.

4. As per the applicant, he has no criminal

antecedents and is ready to abide by any condition,

imposed by this Court, in case, any direction is issued to

the IO/police of Police Station Boileuganj, under Section

482 of BNSS.

5. The applicant is stated to be from a respectable

family, having deep roots in the society.

2025:HHC:13964

6. The applicant has further asserted that he is

the permanent resident of the address, as mentioned in the

application.

7. On the basis of above facts, Mr. Hemant Kumar

Thakur, Advocate, has given certain undertakings, on

behalf of applicant, for which, the applicant is ready to

abide by, in case, any direction is issued to the police/I.O.,

in this case.

8. On all these submissions, a prayer has been

made to allow the bail application.

9. When, put to notice, police has filed the status

report on 03.04.2025, disclosing therein, that on

09.09.2024, Mr. Vijay, Inspector, Post Office, Sub-Division

Shimla (East), has submitted a complaint, disclosing

therein, that the Department of Dak Bhawan, New Delhi

has issued Notification No.17-21/2023-GDS dated

27.01.2023, for filling up the posts of Gramin Dak Sewak

and in the said recruitment process, on the basis of the

marks, obtained in the matriculation examination, Nitin

(applicant) was selected as Gramin Dak Sewak.

2025:HHC:13964

9.1. After the selection of the applicant as Gramin

Dak Sewak, his documents were sent for verification and it

was reported, by the Directorate of Government

Examinations, Chennai, that the same have not been

issued by it, upon which, the appointment of Nitin

(applicant) was cancelled and a prayer has been made to

9.2. Subsequently, police registered the FIR in

question and criminal machinery swung into motion.

9.3. During the investigation, requisite documents

were taken into possession, including the printout of the

online application form, filled by Nitin (applicant), his

original Class X certificate, order of engagement, as well as,

the termination order.

9.4. It has been mentioned in the status report that

the applicant has submitted the forged certificate of Class

X and got the job and caused financial loss to the State.

9.5. After perusing the status report, filed on

03.04.2025, interim protection was granted to the

applicant, by directing him to join the investigation and the

matter was adjourned for 09.04.2025.

2025:HHC:13964

9.6. On 09.04.2025, police has filed the

supplementary status report, disclosing therein, that the

applicant has joined the investigation.

9.7. It is the further stand of the police that during

the investigation, it has come on record that one Kailash,

S/o Asanand, R/o Mohalla Krishna Nagar, No.73, Rewari,

Haryana, apprised the applicant, with regard to the

advertisement of the posts in the Post Office, in which, jobs

are given on the basis of 10th merit, without any test. The

applicant allegedly paid Rs.20,000/- to the said person,

who has provided him Class X certificate, which, he had

uploaded at the time of filling up the application form. The

applicant allegedly shown his ignorance, as to from where,

said Kailash has obtained Class X certificate.

9.8. Lastly, it has been apprehended that the

applicant is the resident of adjoining State i.e. Haryana

and in case, the interim order is made absolute, he may

not be available for the trial.

9.9. In the status report, which has been filed today,

similar stand has been taken and it has been mentioned in

the status report that the applicant has passed the

2025:HHC:13964

matriculation examination, in the year 2018, from Haryana

Board of School Education. Kailash, S/o Asanand, who

had allegedly provided him Class X certificate, has expired

on 26.08.2024. The specimen signatures of the applicant

were obtained by producing him, before the Court of

learned ACJM-II, Shimla, on 08.04.2025.

9.10. As per the verification report, no other case is

stated to have been found to be registered against the

applicant.

10. On the basis of above facts, a prayer has been

made to dismiss the application.

11. Heard.

12. As per the stand, taken by the police, the entire

documentary evidence has been taken into possession. The

applicant has joined the investigation and his specimen

signatures have also been obtained by producing him

before the competent Court of law.

13. The case of the prosecution is based upon the

documentary evidence, which has been taken into

possession. As such, no useful purpose would be served by

dismissing the application, as, dismissal of the application

2025:HHC:13964

would be nothing, but, remanding the applicant to judicial

custody.

14. The police is not able to make out a case for

custodial interrogation of the applicant, in this case. As

such, the interim order, which has been passed in favour

of the applicant, is liable to be confirmed.

15. Moreover, pre-trial punishment is prohibited

under the law, as, the punishment can only be inflicted

after the full-fledged trial.

16. The role, allegedly played by Nitin (applicant), in

the alleged crime, would be proved during the trial.

17. The applicant is presumed to be innocent, till

his guilt is proved by the prosecution, by leading cogent

and convincing evidence.

18. So far as the objection, with regard to the

applicant is the resident of adjoining State i.e. Haryana, is

concerned, this fact cannot be taken as disadvantageous to

the applicant, as, for securing the presence of the

applicant, before the trial Court, reasonable conditions can

be imposed upon him, in case, the interim order is made

absolute.

2025:HHC:13964

19. Considering all these facts, this Court is of the

opinion that the interim order, dated 03.04.2025, is liable

to be confirmed. Consequently, interim order, dated

03.04.2025, is made absolute, subject to the following

conditions:-

a) That the applicant will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law;

b) That the applicant will not leave India, without prior permission of the Court;

c) That the applicant 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 applicant 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 application.

21. The applicant is directed to move regular bail

application, when chargesheet will be filed in the

competent Court of law.

2025:HHC:13964

22. It is made clear that the respondent-State is at

liberty to move an appropriate application, in case, any of

the bail conditions, is found violated by the applicant.

( Virender Singh ) Judge May 14, 2025 ( Gaurav Thakur )