Anticipatory bail granted under BNSS Section 482 as no case for custodial interrogation made out; applicant cooperated in investigation without need to confess, police holds full record.

Virender Singh, J.

The applicant Gopal Krishan, who is apprehending his arrest, has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No. 97 of 2025, dated 20.6.2025, registered under Sections 319(2), 318(4) and 337 of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the ’), with Police Station, Manali, District Kullu, H.P.

2. By way of the present application, the applicant has sought the indulgence of this Court to direct the Investigating Officer/Police of Police Station, Manali, to release him on bail, in the event of his arrest, in the above-mentioned case.

3. According to the applicant, he has falsely been implicated, in the present case.

4. The applicant has further pleaded that he has deep roots in the society and there is no likelihood of his fleeing away from justice.

5. According to the applicant, he has earlier tried his luck before the learned Addl. Sessions Judge, Kullu, H.P., by moving the application under Section 482 of BNSS, 2023, which was dismissed, on 21.5.2025.

6. On the basis of above facts, Mr. Virender Kumar, Advocate, appearing vice Mr. Mukul Sood, Advocate has given certain undertakings, on behalf of the applicant, for which, he is ready to abide by, in case, directions are issued to the Police/I.O., under Section 482 of the BNSS.

7. On the basis of above, applicant has sought the relief, as claimed, in the present bail application.

8. When, put to notice, the Police has filed the status report, on 1.8.2025, disclosing therein, that on 4.6.2025, Tehsildar, Kullu has submitted the complaint to the Police on the following facts:

“Filling FIR in the name of Sh. Gopal Krishan S/o Sh. Nanak Chand R/o Siyal Post office & Tehsil Manali District Kullu H.P., Aadhar Card no. 2835-5834-4403 & Moblie no. 9418378554 for availing Agriculture Certificate (Agriculturist Certificate No AG20241041022050428) by using Revenue Record of Sh. Nanak Chand S/o Sh. Rattan Das S/o Sh. Khayalu of Muhal Shuru, Patwar Circle Prini, Tehsil Manali, District Kullu and for misusing the official communication channel of the office of Tehsildar Manali. Sir, It is to bring to your kind notice that on the complaint of Sh. Ghanshyam Sharma, President, Golden Land Investor Welfare Society, 238/5, Palace Colony, Mandi Sadar, District Mandi, Himachal Pradesh received in this office through the office of the Sub Divisional Magistrate Manali vide letter no 479/R-SDM dated 28/04/2025 (copy of complaint & letter enclosed at page no 1-7 for reference. Detailed enquiry have been conducted by the office of undersigned whose brief fact & conclusion is as below. Brief fact of the enquiry and conclusion:-1. Sh. Gopal Krishan S/o Sh Nanak Chand S/o Sh Rattan Das, R/O Mohal Shuru, Tehsil Manali, District Kullu H.P whose Aadhar card no, is 2835-5834-4403 (at page no.8) went to the office of Patwari Patwar Circle Prini on dated 04/10/2024 with offline application form A-1 (Application Declaration of the Applicant for obtaining agriculturist certificate). The form was filled by Sh. Gopal Krishan S/o Sh Nanak Chand S/o Sh Rattan Das showing himself as son of Sh Nanak Chand S/o Sh Rattan Das S/o Sh. Khyalu, R/o Mohal Shuru, Tehsil Manali, DistrictKullu H.P by putting his signature in original. Patwari, Patwar Circle Prini enquired the revenue record of Muhal Shuru& found tha