IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. : 6 07 of 2025 Reserved on : 0 8 ^th July, 2025 Decided on : 25 ^th Ju ly , 2025 Aniruddhsinh P Kshatriya …Applicant Versus State of Himachal Pradesh …Respondent Coram t The Hon’ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?1 For the applicant o : Mr. Prem Chand Verma, Mr. Aakash Thakur and Mr. Varun Thakur, C Advocates.

For the respondent : Mr. Anup Rattan, Advocate General h with Mr. Mohinder Zharaick, Mr.

Varun Chandel, Additional g Advocates General, and Ms. Ranjna Patial & Mr. Rohit Sharma, Deputy i Advocates General, assisted by ASI H Nand Lal, Police Station Manali, District Kullu, H.P., for respondent No.1.

Mr. C.S. Kori, Advocate, (joined through video conferencing) and Mr. Kamal Sharma, Advocate for respondent No.2.

Virender Singh, Judge Applicant-Aniruddhsinh P Kshatriya, apprehending his arrest, in case FIR No.20 of 2025, dated

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

01.02.2025, registered, under Sections 69, 204,318 (4) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘BNS’), with Police Station, Manali, District Kullu, has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita,f 2023 (hereinafter referred to as ‘BNSS’).

2. By way of the prestent application, indulgence of this Court has been sought to direct the Police/ Investigating Officer of Police Station Manali, District Kullu, H.P., to release him on bail, in the event of his arrest.

3. h The relief, as claimed, in the application has bgeen sought on the ground that the applicant is innocent iperson and has falsely been implicated, in this case, by the Police.

4. According to the applicant, the story of the police is highly unnatural, improbable and concocted one. He is not involved in the commission of the crime and there is no iota of evidence to connect the accused with the crime, in question.

5. The applicant has further pleaded that he had paid the entire amount, which the applicant had allegedly taken from the complainant. To substantiate the said fact, statement of account has been annexed with the application as Annexure P-1. f

6. It is the further case of the applicant that civil dispute between the parties htave been given the colour of criminal proceedings. The FIR is stated to be lodged for wrongful gain.

7. Apart from this, learned counsel appearing for the applicant, has given certain undertakings, on behalf of the aphplicant, for which, the applicant is ready to abide by, ign case, any direction is issued under Section 482 BNSS.

i8. On the basis of the above facts, a prayer has been made to allow the application.

9. When put to notice, the police has filed the status report on 20.03.2025, disclosing therein, that on 1.2.2025, Constable Sanjay Kumar No.167 has submitted a letter forwarded by SP Office Kullu, along with, copy of zero FIR, dated 27.01.2025, registered with Police Station Sector-14, Gurgaon, under Sections 316(2), 318(4), 61, 64(2)(m) of the BNS, was attached. The contents of the zero FIR are reproduced as under:-

To, Station House Officer Sector-14 Police Station, Near DAV School, Sec-14, Gurugram, Haryana, Pin-122001. P.S. CC-1. Adjutant General's Branch Integrated He adquarters of Ministry of Defense (Army) Rfoom No. 153-A, Kashmir House Rajaji Marg. oDHQ PO New Delhi- 110011 jse@nic.in 2. HPTDC Marketing Office, Manali The Mall, Manali 175131 manali@hptde.in 3. National Human Rights Commission (NHRC) Manav Adhikar Bhawan, Block-C, GPO Complex, INA, New Delhi-110023 nhre@nic.in. 4u. National Commission for Women Plot No. 21, Jasola Institutional Area, New Delhi- 110025 o new@nic.in. SUBJECT: COMPLAINT FOR THE COMMISSION OF THE OFFENCES OF IMPERSONATING AS A PUBLIC SERVANT (ARMY OFFICIAL) AND CHEATING LAYMAN PERSONATING AS AN ARMY OFFICIAL CRIMINAL BREACH OF TRUST UNDER SECTIONS 170/415 and 405 1.P.C. (EARLIER) & SECTIONS 204/318 and 316 OF BNS (NOW), g Details of the Accused