The court confirmed interim bail, emphasizing the presumption of innocence and prohibiting pre-trial punishment, while imposing conditions to ensure the applicant's presence at trial.

JUDGMENT :

Virender Singh, J.

1. 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 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.

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:

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 register the case against the applicant.

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.

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 reside