Court grants bail considering applicants' residency, lack of risk of flight, and previous bail granted to co-accused.

Virender Singh, Judge.

The above-titled bail applications are being disposed of by this common order, as, both the applicants, apprehending their arrest, in a case, arising out of FIR No. No. 208 of 2025, dated 24.06.2025, registered under Sections 318 (4), 336(2), 33 8, 336(3), 340(2) and 61(2) of the Bharatiya Nyraya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), with Police Station Nalagarh, District Solan, H.P., have filed these applications.

2. By way of these bail applications, filed under Sectio n 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the BNSS ), a prayer has been made by the applicants, to direct the IO/Police of Police HStation Nalagarh, District Solan, H.P., to release them on bail, in the event of their arrest, in the above-noted case.

3. It is the case of the applicants that the complaint, on the basis of which, the FIR in issue, has been registered, has been made by Ex-Pradhan Bagga Ram, with ulterior motive, as a counter blast to the complaint made by their co-accused-Salig Ram, regarding the mismanagement and the irregularities done by said Bagga Ram, during his and his wife’s tenure.

4. It is the specific stand of the applicants that the alleged embezzlement, in fact, never happened, as, all the works were executed on spot and wefre duly verified by the concerned Department.

5. According to thet applicants, they are permanent residents of the addresses, as mentioned, in their respective bail applications and belong to respectable families, as such, there is no likelihood of jumping over the bail, in case, they are ordered to be released on bail, in the ehvent of their arrest.

6. The applicants had earlier tried their luck, by imoving similar bail applications, before the learned trial Court, however, their bail applications have been dismissed, vide order dated 24.09.2025.

7. It is the further case of the applicants that even, on the ground of parity, the applicants are entitled to be released on bail, as their co-accused have already been released on bail, by this Court, vide order, dated 28.07.2025, passed in CrMPs (M) No. 1502 and 1503 of 2025.

8. Apart from this, Mr. K.S. Gill, learned counsel, appearing for the applicants, has given certain undertakings, on behalf of the applifcants, for which, the applicants are ready to abide by, in case, any direction is issued to the IO/Police of Ptolice Station Nalagarh, District Solan, under Section 482 of the BNSS .

9. On all these submissions, a prayer has been made to allow the bail applications.

10. When, put to notice, the police has filed the shtatus report on 25.09.2025, disclosing therein, that on g20.06.2025, complainant Bagga Ram, Ex-Pradhan, Gram iPanchayat Malehani, Tehsil Nalagarh, moved a complaint before the SDPO Nalagarh, mentioning therein, that he being Ex-Pradhan, Gram Panchayat, Malehani, is highlighting the serious irregularities committed in the development work of Gram Panchayat, Malehani.

10.1. According to him, forgery has been committed in registration of vendors and for supply of construction material, quotations were forged, as in one document, three different dates have been mentioned.

10.2. According to the complainant, the quotations were submitted by only three persons, on the similar rates, for two different years i.e. 2022 andf 2023. The said fact has been highlighted to show that there is connivance between the accused personts.

10.3. The complainant has further alleged that two different vendors, i.e. J.P. Enterprises and Davinder Kumar, used the same GST number and the quotations were not verified and majority of the quotations were not shigned, nor, any stamp was there, as such, the validity of gthe same is stated