IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MP(M) No. : 2990 of 2025 Decided on : 05.01.2026

Subhash Chander …Applicant

Versus

State of Himachal Pradesh …Respondent

Coram

The Hon’ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?1

For the applicant : Applicant in person Mr. Vijender

Katoch, Advocate.

For the respondent : Mr. H.S. Rawat, Mr. Tejasvi Sharma,

Additional Advocates General, with Mr. Rohit Sharma & Ms. Ranjna Patial, Deputy Advocates General,

h assisted by ASI Sanjeev Kumar,

Police Station Sadar Kullu, District

g Kullu, H.P.

Virender Singh, Judge (Oral)

Applicant – Subhash Chander, apprehending

his arrest, in a case arising out of FIR No.76 of 2023, dated 17.03.2023, registered, under Sections 420, 467, 468, 469, 471 and 120-B of the Indian Penal Code (hereinafter referred to as ‘IPC’), with Police Station, Sadar Kullu, District Kullu, H.P., has filed the present

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

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 Stationf Sadar Kullu, District Kullu, H.P., to release him on bail, in the event of his arrest, in the above noted ctase.

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

4. According to the applicant, he has no concern whhatsoever with the crime, in question and he is ready to gabide by, in case, any direction is issued to the Police iunder Section 482 of the BNSS.

5. The applicant has tried his luck by moving similar application before the Court of learned Additional Sessions Judge, Kullu, District Kullu, however, the said application has been dismissed on 20.12.2025.

6. Apart from this, learned counsel appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, any direction is issued to the I.O./Police, under Section 482 BNSS.

7. The applicant, in addition to this, has pleaded that two other cases have already been registered against him, bearing FIR No.289/2010, datefd 27.10.2010, under Sections 420, 457, 468, 471 and 120-B of the IPC, and FIR No.187 of 2021, dated 18t.07.2021, under Sections 420, 465 and 120-B IPC with Police Station Sadar Kullu, District Kullu, however, he has not been convicted in any of the cases.

8. On the basis of the above facts, a prayer has bheen made to allow the application.

g9. When put to notice, the police has filed the istatus report, on 22.12.2025, disclosing therein, that on

17.03.2023, a complaint has been received from the office of Town and Country Planning, Kullu District Kullu, mentioning therein about the following facts:-

“To the SHO, Police Station Kullu, H.P. Subject:- Register an FIR and conduct enquiry against Shri Munee Suri C/o, P.O. Bandrol, Tehsil & Distt. Kullu, H.P. Sir, This is in reference to above cited subject it is intimated that the above named person got to his resorts building by producing fake NOC (photocopy attached), as this department not issued any type of NOC for electricity connection to his above said resort. You are therefore, requested to register an FIR against the above named person and investigate the matter at the earliest, please Yours faithfully. Sd/- Town & Country Planner, Divisional town Planning Office. Kullu Distt.

Kullu HP.”

10. On the basis of the above facts, the FIR, in question, has been registered and the criminal machinery swung into motion.

11. Thereafuter, ASI Jai Singh, Police Station Sadar Kullu, has obotained record from the Town and Country PlannerC, Divisional Town Planning Office, Kullu regarding installation of electricity connection in the name of Neeralaya Resort at Nangabag Vihal and issuance of fake NOC and recorded the statements of the