IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 5^th DAY OF JULY, 2022 BEFORE HON’BLE MR. JUSTICE VIVEK SINGH THAKUR CRIMINAL MISC. PETITION (MAIN) No. 933 OF 2022 BETWEEN:-

AKASH SHRIVASTVA SON OF SH.

SUREMAN SHRIVASTVA RESIDENT OF VILLAGE NEBUA @

RAMBAPUR P.O SHAHPUR TEHSIL DOMARIA GANJ, DISTRICT PETITIONER SIDARATH NAGAR UP THROU GH HIS BROTHER TOSH BAHADUR AGED ABOUT 35 YEARS.

(BY MR. MANDEEP CHANDEL, ADVOCATE)

AND STATE OF HIMACHAL PRADESH RESPONDENT (BY MR. HEMANT VAID ADDITIONAL ADVOCATE GENERAL)

Reserved on : 3.6.2022 Decided on :

Whether approved for Reporting?

This petition coming on for pronouncement this day, the Court passed the following:

O R D E R

Petitioner has approached this Court, invoking Section 439 of Criminal Procedure Code, seeking regular bail in case FIR No. 35 of 2022, dated 25.2.2022, registered in Police Station, Baddi, District Solan, Himachal Pradesh, under Sections 420,467,468,471 and 120 B of the Indian Penal Code.

2. Status report stands filed. Record was also made available.

3. Prosecution case is that complainant Umesh Singh , on behalf of U.S Industries, submitted two applications on 24.2.2022 and on 25.2.2022, complaining supply of fraudulent and fake ‘No Objection Certificates’, against petitioner Akash Kumar Srivastava with request to register FIR and take appropriate action against him.

4. After registration of FIR, investigation was initiated. Genuineness of Certificate provided by Akash Srivastava to M/s U.S Industries was verified from the offices of concerned Fire Station and Pollution Control Board wherefrom written reports were received informing that those documents were not issued by their respective office(s) and, therefore, the documents were found fake.

5. During investigation, petitioner Akash Srivastava, was found to have been arrested on 4.3.2022 in another Case FIR No.27 of 2022 dated 28.1.2022, under Sections 420,467,468 and 471 I.P.C in Police Station Baddi and in police remand till 5.3.2022. On 5.3.2022, his custody was transferred to present case.

6. During interrogation, as per prosecution, Akash Srivastava disclosed that he had only prepared the application on behalf of M/s U.S Industries to IDS for subsidy and had prepared other documents alongwith his companion Bhuvan Kumar. Bhuvan Kumar was also arrested on 5.3.2022, in present case.

7. As per status report, during interrogation, Bhuvan Kumar disclosed that petitioner Akash Srivastava, who was working in the name and style ‘ Akash Consultants’, was introduced to owner of M/s U.S Industries by him and as U.S Industries Company was entitled for subsidy from the Government but subject to furnishing ‘No Objection Certificates’ from concerned Fire Station and Pollution Control Board, Akash Srivastava was engaged for obtaining the certificate for consideration of Rs.2,00,000/- and M/s U.S. Industries made payment of Rs. 40,000/- in cash and remaining payment through Bank for the said purpose. As per petitioner it was only Bhuvan Kumar who was knowing about the place where fake documents were prepared.

8. Prosecution case is that Rs.2,00,000/- was paid to Bhuvan Kumar and Akash Srivastava by complainant for obtaining NOCs as per law, by transferring Rs.1,60,000/-, on different dates, to the account of petitioner Bhuvan Kumar and paying Rs.40,000/- in cash as advance money in March, 2021. Out of this amount of Rs.2,00,000/-, Bhuvan Kumar transferred Rs.99,300/- to Akash Srivastava, whereas Rs.1,00,700/-

were kept by Bhuvan Kumar for himself.

9. As per status report, for preparation of fake N.O.C of Fire Department as well as Pollution Control Board, Akash Shrivastava and Bhuvan Kumar are accusing each other. It has been further stated that Laptop in use of Bhuvan Kumar has been taken in possession from his brother-in-law Kanhiya. It has been further stated that Laptop with marka DELL and mobile phone etc, being used by the petitioner Akash Shrivastva for preparation of forged documents and WhatsApp, the same thereafter, has also b