1 2025:HHC:18115 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.714 of 2025 Reserved on: 03.06.2025 Date of Decision: 06.06.2025 Shiv Mohan Saini …Applicant Versus State of H.P. ...Respondent Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Mr. Peeyush Verma, Senior Advocate, with Mr. Ajay Kumar, Advocate. For the respondent : Mr. Mohinder Zharaick, Additional Advocate General, assisted by Inspector Lekh Raj, Police Station SV& ACB Dharamshala, District Kangra, H.P. Virender Singh, Judge Applicant-Shiv Mohan Saini, apprehending his arrest, in case, FIR No.04 of 2025, dated 28.03.2025, registered under Sections 7A, 8 & 11 of the Prevention of Corruption (Amended) Act, 2018, (hereinafter referred to as the PC Act), with Police Station SV & ACB Dharamshala, District Kangra, H.P., has filed the present application, under 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 2025:HHC:18115 ) Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the BNSS). 2. By way of the present application, indulgence of this Court has been sought to direct the IO/police of Police Station, SV&ACB, Dharamshala, to release the applicant, on bail, in the event of his arrest, in the above noted case. 3. According to the applicant, he is a respectable person, having deep roots in the society and he belongs to the State Administrative Services, presently posted at Shimla. 4. According to him, he is innocent and has not committed any act, as alleged, in the FIR and the case, which has been registered, against him, is stated to be the result of false and twisted facts and also outcome of the political rivalry. The case is stated to have been registered just to malign his reputation. 5. It is the further case of the applicant that he is ready to abide by any conditions, to be imposed by this Court, in case, any direction is issued under Section 482 of BNSS. 6. On the basis of the above facts, learned Senior Counsel, appearing for the applicant, has given certain 3 2025:HHC:18115 ) undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, any direction is issued to the police of Police Station SV&ACB Dharamshala, under Section 482 of BNSS. 7. When, put to notice, police filed the status report, on 01.04.2025, disclosing therein, that on 27.03.2025, a self- contained note, written and signed by the Dy.SP. Kailash Sharma, SV&ACB, SIU, Shimla, through the Office of Superintendent of Police, SV&ACB, SIU, Shimla, was received in the office of SP, SV&ACB, Special Investigating Unit, Dharamshala, contents of which are reproduced, as under:- “The complaint, submitted by Ravi Trivedi, CEO of Triotap Technologies Private Limited, against Shiv Mohan Saini, Joint Commissioner, MC, Palampur, District Kangra, was initially assigned to Varun Patial, Dy.SP/EO, SV&ACB (SIU) Shimla, for necessary action. The briefly stated allegations in the complaint are as under:- 1. That Sh. Shiv Mohan Saini, then Joint Commissioner, MC Palampur, was in close contact with the firm CEO, Sh. Ravi Trivedi, before and after the tender process. He allegedly received bribes from M/s Triotap Technology Pvt. Ltd., the firm awarded the contract. In addition to this, he asked for favour such as delivering of books and hiring his brother-in-law namely Rajat as supervisor at salary @ Rs. 15,000/- per month in his company. 4 2025:HHC:18115 ) 2. That while Sh. Shiv Mohan Saini was given the charge of Commissioner of MC Palampur during the leave period of the then Commissioner, he allegedly started pressurizing the complainant to pay Rs.50,000/- bribe for construction of his hotel (in the name of his mother-in-law) in Dharmshala. Furthermore, he allegedly issued non- performance notices stating false reasons to justify forfeiting the complainant's or his firm's security deposit. He also allegedly threatened to blacklist the firm, among other accusations mentioned in the Complaint. After verifying the allegations, the then VO submitted a report on 02.03.2023. Based on the same, the complaint was registered and entrusted to Sh. Varun Patial for a regular enquiry on 13.03.2023. To proceed with the enquiry against Sh. Shiv Mohan Saini, Joint Commissioner, MC Palampur, VHQ sought approval from the Competent Authority on 12.04.2023, and the Special Secretary (Vigilance), Govt. of HP, granted permission on 18.05.2023. The enquiry conducted by the SV & ACB, based on the enquiry report by ADC, Kangra at Dharamshala along with its enclosures (WhatsApp chats, UPI statements, recorded statements etc.). Bank account statements, CDRs, and relevant record of MC Palampur etc. has revealed that: 1. In March 2022, MC Palampur invited bids/tenders for door-to-door garbage collection, cleaning/sweeping of MC roads, streets, drains, and nalas, as well as cutting grass and bushes in Sector No. 1 (Wards 1 to 5). 2. M/s Triotap Technology Pvt. Ltd. emerged as the lowest bidder (L-1) and was awarded the tender. 3. During the period in question (April 2022 to February 2023), the suspect officer served as the Joint Commissioner of MC Palampur. He also held the 5 2025:HHC:18115 ) additional charge of Commissioner, MC Palampur, from January 19, 2023, to March 2. 2023, and during the official leave or outstation duty of the Commissioner. 4. The suspect officer was fully aware of the works awarded to M/s Triotap Technology Pvt. Ltd., owned by Sh. Ravi Trivedi. He maintained contact with Sh. Ravi Trivedi from February 15, 2022, to March 12, 2023, before the submission of bids and after awarding of the tender. 5. It is pertinent to mention that the suspect officer was part of the approval chain for the bills of the said firm. Although contract was awarded by Sh. Vikram Mahajan, then Commissioner of MC Palampur, who also approved most of the payment of the firm's bills. Bills dated 20.12.2022, 15.07.2022, and January 2023, were also approved by Sh. Shiv Mohan Saini as Commissioner. During the period, recovery have been made from the said firm for Incomplete Deployment of Vehicles and Shortage of Manpower & Equipment etc. 6. The allegations made in the complaint along with statement given to the ADC, Sh. Ravi Trivedi admitted to paying a bribe to the suspect officer multiple times, suggesting inducement. However, this remains the complainant's version, with no substantial corroborative evidence. Sh. Ravi Trivedi's actions raise suspicion, as he sought to secure the tender and retain his work by allegedly offering the bribe. Additionally, offering a bribe and failing to report it within the stipulated time is itself an offence under the Prevention of Corruption Act. 7. One particular instance, as per the inquiry report of ADC, Kangra at Dharamshala, along with supporting evidence (WhatsApp chat screenshots, bank account & UPI statements, and CDRs), shows that Rs. 30,000/- was 6 2025:HHC:18115 ) transferred by Sh. Ravi Trivedi to Sh. Rajat (who was employed by the firm is relative of the suspect officer). The WhatsApp message from Sh. Ravi Trivedi instructed Rajat to pay 30.000 to Jt - Joint Commissioner (Jija)," which was confirmed by Rajat in the same chat. The amount was then transferred to Sh. Sunil Kumar, as confirmed by bank records. As acknowledgment, Rajat sent a message stating, "Done Sir" to Sh. Ravi Trivedi. CDR analysis further establishes that, immediately before and after the transaction, calls were made between Rajat Kumar, Shiv Mohan Saini, Ravi Trivedi, and Sunil Kumar. Additionally, Sunil Kumar remained in contact with both Rajat Kumar and Ravi Trivedi during the period in question. From this, it appears that Sh. Ravi Trivdei above transferred Rs. 30,000/- to the suspect Officer routed through Rajat Kumar and Sunil Kumar above. 8. Furthermore, the suspect officer's request for books from Sh. Ravi Trivedi adds to the suspicion, as it demonstrates a pattern of seeking undue advantages from an individual with whom he had official dealings. The complainant's allegations and the statement of Sh. Ravi vedi confirm that bribe was given to the suspect officer during the relevant period. Sh. Shiv Mohan Saini, the then Joint Commissioner of MC Palampur, remained in the decision making chain to the Commissioner, MC Palampur in the initiation of the tender process, the awarding of the contract, and the approval of bills. He also obtained undue advantage from the firm. Based on the above, prima facie offences under Sections 11, 7A, and 8 of the Prevention of Corruption (Amendment) Act, 2018, are made out against Sh. Shiv Mohan Saini, the then Joint Commissioner, MC Palampur, Sh. Rajat Kumar (son of the maternal uncle of Sh. Shiv Mohan Saini's 7 2025:HHC:18115 ) wife), Sh. Sunil Kumar (as per bank records) and Sh. Ravi Trivedi respectively. To proceed further, the matter was referred to the Government of Himachal Pradesh (GoHP) for permission to register a criminal case against Sh. Shiv Mohan Saini, as per the provisions of Section 17-A of the Prevention of Corruption (Amendment) Act, 2018. Consequently, the competent authority, via letter No. Per(A-IV)-B(14)- 1/2025 dated 06.03.2025, granted approval for the registration of a regular case against him. A thorough investigation is required into all the allegations mentioned in the complaint. Additionally, as a public servant, the role of Sh. Shiv Mohan Saini in the above financial transactions and other allegations needs to be examined in detail." Sd/-Kailash Sharma, Dy SP Kailash Sharma, SV&ACB, SIU, Shimla, HP. 7.1. On the basis of the above facts, police registered the case, under Sections 7A, 8 & 11 of PC Act, against applicant-Shiv Mohan Saini, the then Joint Commissioner, Municipal Corporation, Palampur, Raj Kumar (son of maternal uncle of Shiv Mohan Saini’s wife), Sunil Kumar (as per bank records) and Ravi Trivedi (CEO of Triotap Technologies Pvt. Ltd). Thereafter, the criminal machinery swung into motion. 7.2. In the status report, which has been filed on 01.04.2025, it has been mentioned that the investigation is at initial stage and in case, any interim protection is given to the 8 2025:HHC:18115 ) applicant, he may hamper the investigation and may tamper with the evidence, As such, a prayer has been made to dismiss the application. 8. After perusing the said status report, vide order dated 01.04.2025, interim protection was given to the applicant and matter was adjourned for 08.04.2025. 9. On 08.04.2025, the police filed the fresh status report, disclosing therein, that on 02.04.2025, a request was made to the Service Provider of the mobile companies to provide the CDRs of the mobile numbers of the accused persons. As per the status report on 03.04.2025, a request was made to Punjab National Bank, Branch Rait, to provide the transactions of Rs.30,000/-, made by Ravi Trivedi in favour of Rajat Kumar and the record has been received, according to which, on 22.08.2022 Rs.30,000/- was transferred by Rajat Kumar in the account of accused Sunil Kumar. Thereafter, correspondence was made to the bank to provide statements of account of Shiv Mohan Saini (applicant) and accused Sunil Kumar. 9.1. It is the further case of the police that when, applicant-Shiv Mohan Saini, was posted as Joint Commissioner, Municipal Corporation, Palampur, then, he 9 2025:HHC:18115 ) had allegedly allotted the tender of door-to-door garbage collection in favour of Ravi Kumar, regarding which, Municipal Corporation, Palampur, was requested to provide the entire record, which is still awaited. 9.2. It is the further case of the police that on 02.02.2023 accused-Ravi Trivedi had moved a complaint against applicant-Shiv Mohan Saini, alleging therein that bribe has been demanded by applicant-Shiv Mohan Saini. The enquiry of the same was conducted by the ADC, Kangra, and in the said enquiry, some documents were produced by Ravi Trivedi and as such, a request has been made to ADC, Kangra to provide the said record. 9.3. It is the further case of the police that however, on 04.04.2025, mobile phone, allegedly used by applicant- Shiv Mohan Saini, from the years 2019 to February, 2025, was taken into possession and was sent to SFSL Junga. Reiterating the fact that the investigation is at the initial stage and intensive inquiry is to be made from the accused persons, as such, a prayer has been made to dismiss the application. 9.4. In the status report filed on 08.05.2025, it has been pleaded that the applicant although joined the 10 2025:HHC:18115 ) investigation, but, was not replying properly and he, being the prime accused and in case, interim order is made absolute, may coerce the witnesses and allure them to hamper the investigation. 9.5. Similar stand has also been taken in the status report filed on 23.05.2025. 9.6. Thereafter, on 03.06.2025, supplementary status report has been filed, in which, it has been pleaded that evidence is yet to be collected, as to how, the bribe money was received by applicant-Shiv Mohan Saini. Similar apprehension has also been reiterated by the police, in this status report. 9.7. Reiterating the earlier apprehensions, a prayer has been made to dismiss the application. 10. The status reports, filed in this case, are totally silent about the fact as to whether the custodial interrogation of the applicant is required by the police or not. 11. The applicant is permanent resident of Shimla, as such, it cannot be apprehended that in case, the interim order is made absolute, he may not be available for the trial. 12. So far as the apprehensions, which have been expressed in the status reports, are concerned, for those 11 2025:HHC:18115 ) apprehensions, reasonable conditions can be imposed upon the applicant, in case, the interim order is made absolute. 13. Moreover, the bail application cannot be rejected on the ground that the matter is to be enquired from co- accused Ravi Trivedi. Even otherwise, the directions can be issued to the applicant to join the investigation, as and when, directed by the IO to do so. 14. Consequently, interim order, dated 01.04.2025, is made absolute and the applicant is ordered to be released on bail, in the event of his arrest, in case FIR No.04/2025, dated 28.03.2025, registered under Sections 7A, 8 & 11 of the PC Act, with Police Station SV&ACB Dharamshala, District Kangra, H.P., subject to his furnishing personal bonds in the sum of Rs.50,000/-, with one surety in the like amount to the satisfaction of the Investigating Officer. 15. This order, however, shall be subject to the following conditions:- a) The applicant shall appear before the IO, as and when, directed by the IO to do so and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing the appropriate application; b) That the applicant will not leave India, without prior permission of the Court; 12 2025:HHC:18115 ) c) That the applicant will not directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case, so as to dissuade him/her from disclosing such facts to the Investigating Officer or the Court; and d) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever. 16. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present bail application. 17. The applicant is directed to move regular bail application, when charge-sheet will be filed in the competent Court of law. 18. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant. (Virender Singh) Judge June 06, 2025 (subhash)