2025 Supreme(Online)(HP) 5999
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Tenjin Bodh – Appellant
Versus
State of HP – Respondent
CRMPM/1451/2025
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. : 1451 of 2025 Reserved on : 18.07.2025 Decided on : 25.07 . 202 5 Tenjin Bodh …Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?u1 For the applicant : Mr. T.S. Chauhan, Senior Advocate with Mr. Surya Chauhan, Advocate.
For the respondent : Mr. Anup Rattan, Advocate General, with Mr. Mohinder Zharaick, Additional Advocates General. Virender Singh, Judge. (Oral)
Applicant-Tenjin Bodh has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), as he is apprehending his arrest, in case FIR No.105 of 2025, dated 12.06.2025, registered under Sections 318(4), 338 and 336(3) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘BNS’), registered with Police Station Bhuntar, District Kullu, H.P.
1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
2. By way of the present application, indulgence of this Court has been sought to direct the Police/ Investigating Officer of Police Station Bhuntar, District Kullu, H.P., to release him on bail, in the event of his arrest, in the above mentioned FIR. f
3. According to the applicant, he is an innocent person and has falsely been imtplicated, in this case.
4. As per the applicant, he has been roped-in, in the present case, at the instance of some influential persons, as he has no concern whatsoever, with the crime in question.
5. h The FIR is stated to have been registered on the bgasis of the concocted facts and the same is also stated to ibe the abuse of process of law.
6. The applicant has asserted that he is permanent resident of District Kullu, as such, he is having deep roots in the society.
7. All these facts have been pleaded to demonstrate that in case any direction is issued, under Section 482 of the BNS, the applicant will be available for the trial.
8. Apart from this, the applicant has given certain undertakings, for which, he is ready to abide by, in case, directions are issued, under Section 482 CrPC, to the police. f
9. The applicant has also tried his luck, by moving similar application before thet Court of learned Additional Sessions Judge, Kullu, District Kullu, however, the said application was dismissed, vide order dated 19.06.2025.
10. On the basis of the above facts, Mr. Tara Singh Chauhan, learned Senior Advocate assisted by Mr. Surya Chauhhan, Advocate has prayed that the application may kgindly be allowed.
i11. When put to notice, the police has filed the status report, disclosing therein, that on 12th June, 2025, SI Suresh Kumar, Incharge Traffic Branch Bhuntar, has submitted an application to Police Station, Bhuntar, mentioning therein, that on 6.6.2025, Constable Latesh No.420, received, receipts with regard to the compounding of the offence in Lok Adalat, on his mobile phone No.85808-57082. Those receipts were sent through Mobile No.98058-68107.
11.1. Thereafter, Constable Latesh No.420, has sent the same to traffic Branch, Bhuntar for disposal of those cases. When, Constable Latesh andf MC traffic wing, checked the same on e-challan site, the same could not be disposed of. t
11.2. Thereafter, the matter was investigated and it was found that these receipts were forwarded by the applicant. When, these receipts were tallied with the original receipt book, then the same were not found genuihne and the amount, so mentioned, date(s), as well as, tghe registration number of the vehicles, do not match with ithe original receipts.
11.3. According to the applicant, it seems that these receipts were forged by someone and amount of those receipts is stated to be Rs.2500/-, as such, he has requested that action be taken against the applicant.
12. On the basis of the above facts, police registered the FIR in question. Thereafter, investigation of the case was entrusted to HC Manoj Kumar, No.68, I.O. Police Station Bhuntar.
13. On 14.