ORDER

Bail petitioner namely Akash Shrivastva, who is behind the bars since 05.03.2022, has approached this court in the instant proceedings filed under Section 439 Cr.PC, for grant of regular bail in case FIR No.27 of 2022, dated 28.1.2022 under Sections 420, 467, 468, 471 and 120-B of IPC, registered at Police Station Baddi, District Solan, H.P.

2. Pursuant to order dated 23.4.2022, respondent-State has filed status report and ASI Sanjeev Kumar, Police Station Baddi, District Solan, H.P has also come present with record. Record perused and returned. Close scrutiny of status report as well as record made available to this Court reveals that on 28.1.2022, complainant namely Prem Saklani, Superintendent, H.P. State Pollution Control Board, Baddi, District Solan, lodged a complaint stating therein that the State Pollution Board has adopted the online portal known as OCMMS for issuance of necessary permission under the provisions of Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution )Act, 1981 and documents are signed digitally and uploaded in the website. Complainant alleged that today representative of oldie unit while enquiring the status of its case for consent to operate, found that application was filed on 20.01.2022 and same was under process, however, he received document from its consultant, whereby consent/confirmation stood granted/issued by the H.P. State Pollution Control Board, Baddi. In the aforesaid background, matter was investigated by the Department and it was found that Pollution Control Board has not issued consent to operate under the provisions of provisions of Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution )Act, 1981 to M/s Hygine Airtech India Private Limited.

Complainant alleged that he telephonically contacted M.D. of the aforesaid company, who apprised that work for obtaining consent to operate was given to M/s Akash Consultancy, Sai Road, Baddi and as such, matter was investigated and FIR was lodged against the persons responsible for issuing fake consent/certificate to operate. In the aforesaid background, FIR as detailed hereinabove came to be lodged against the present bail petitioner, who is proprietor of M/s Akash Consultancy. During investigation, police found that present bail petitioner has set up his office in a shop/room taken by him on rent from one Sh. Anup Kumar Kaushal and he issued fake No Objection Certificates to various Industrialists after taking some amount. Though, at the first instance, bail petitioner had approached this Court by way of petition filed under Section 438 Cr.P.C, praying therein for grant of anticipatory bail, but same was dismissed and on 05.03.2022, police arrested the bail petitioner and since then, he is behind the bars. Since investigation in the case is complete and nothing remains to be recovered from the bail petitioner, he has approached this Court in the instant proceedings for grant of regular bail.

3. While fairly admitting factum with regard to filing of challan in the competent court of law, Mr. Sudhir Bhatnagar, learned Additional Advocate General, contends that though nothing remains to be recovered from the present bail petitioner, but keeping in view the gravity of the offences alleged to have been committed by him, he does not deserve any leniency and as such, prayer made on his behalf for grant of bail, deserves outright rejection.

4. Having heard learned counsel for the parties and perused the material available on record, this court finds that bail petitioner allegedly issued fake certificate of consent to operate in favour of M/s Hygin Airtech India Private Limited on behalf of H.P. State Pollution Control Board. Though M/s Hygine Airtech India Private Limited of its own filed an application on 20.1.2022 with the H.P. State Pollution Control Board, but before the same could be decided/processed, bail petitioner being proprietor of M/s Aakash Consu