IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. : 2268 of 2025 Reserved on : 06 ^th October, 2025 Decided on : 10 ^th Octo ber , 2025 Vinod Chauhan …Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?1 For the applicant : Mr. Ram Lal Verma, Advocate.

For the respondent : Mr. Mohinder Zharaick and Mr. H.S.

Rawat, Additional Advocates General, with Mr. Rohit Sharma, Deputy Advocate General, assisted by ASI Bharat Bhushan, Police Station West Shimla, District Shimla, H.P.

Virender Singh, Judge Applicant Vinod Chauhan, who is apprehending his arrest in case FIR No. 120/2024, dated 19.07.2024, registered under Section 420, 34 of Indian Penal Code (hereinafter referred to as ‘IPC’), registered with Police

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

Station West, District Shimla, H.P., 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, indulgence of this Court has been sought to direct the Police/ Investigating Officer of Police Station West, District Shimla, H.P., to release the applicatnt on bail, in the event of his arrest, in the above noted FIR.

3. According to the applicant, he is innocent and is a Jeweller by profession. In the year 2016-2017, he has established his jewellery shop at Malyana in the name and shtyle ‘Sri Samridhi Jewellers’.

g4. According to the applicant, he is also dealing in ithe business of Gold saving scheme/Kitty scheme, since

2012-2013 and 40-50 customers from HP University had availed handsome returns and benefits, in the past, through this scheme, run by the applicant.

5. It is further case that in the year 2022, about 11-12 new customers approached him, at their own and expressed their keen interest in the aforesaid kitty scheme, as they had heard about the same from a number of employees of HP University, who had already availed decent benefits from the Kitty scheme. All the new customers joined kitty scheme with the applicant on

13.09.2022.

6. According to the applicfant, at the time of opening of the Kitty account, he has explained them fully about the fact that thet quantity of Gold, which the customers would be entitled to receive at the time of maturity of their Kitty accounts would be dependent fully upon the market price of Gold, existing at the time of maturity of the kitty account and not upon the prices of Ghold prevailing at the time when they had first opened gtheir kitty accounts.

i7. It is further case that the civil dispute has been given a colour of criminal liability and false FIR has been lodged.

8. The applicant has earlier tried his luck by moving the application for bail, bearing No. 515/2025, before the learned Additional Sessions Judge, (C.B.I. Court) Shimla, H.P., however, his application has been dismissed vide order dated 21.08.2025.

9. On the basis of the above facts, Mr. Ram Lal Verma, Advocate, has given certain undertakings, for which, the applicant is ready to abide by, in case any direction is issued to the police/Investigating Officer, in the above-noted case, under the provisiofns of Section 482 of the BNSS.

10. When put to nottice, police has filed the status report on 12.09.2025, disclosing therein that on 19.07.2024, complainants Sunil Kumar, Suresh Negi, Vinod Kumar, Madan Lal, Som Krishan, Manju Bala, Dr. Gulabi Shamber, Raj Kumar, Nisha Devi, Manju, Ramesh Khumar Sharma, Devinder Sharma, Vidya Devi, Pradeep gKumar, Radha Devi, Vikram Thakur, Reena Panwar, Reena iKumari and Asha Sharma, employees of HP University moved a joint complaint before the police disclosing therein the following facts:-

“Request to lodge FIR against Sh. Vinod Kumar, owner of Sri Samridhi Jewellers, Roshan Building, Near Police Post, Maliana Road, Permanent R/o Village Garu, Post Office Waknaghat, Tehsil Kandaghat, Tehsil and District Solan, H.P., for mis