1 ( 2025:HHC:33503 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.1726 of 2025 a/w Cr.MP(M) No.1854 of 2025 Reserved on:- 24.09.2025 Date of Decision:26.09.2025 Cr.MP(M) No.1726 of 2025 Amit Chopra …Applicant Versus State of H.P. …..Respondent ________________________________________________ Cr.MP(M) No. 1854 of 2025 Geeta Chopra …Applicant Versus State of H.P. ..Respondent Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant(s) : Mr. N.K. Bhalla and Ms. Chehak Bhalla, Advocates, for the applicant in Cr.MP(M) No.1726 of 2025 Mr. Sudhir Thakur, Senior Advocate, with Mr. Karun Negi, Advocate, for the applicant in Cr.MP(M) No.1854 of 2025 For the respondent(s) : Mr. Tejasvi Sharma and Mr. H.S. Rawat, Additional Advocates General with Ms. Ranjna Patial, Deputy Advocate General. Mr. Deepak Kaushal, Senior Advocate, with Mr. Aditya Chauhan, Advocate, for the Complainant. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2025:HHC:33503 ) Virender Singh, Judge The above-titled bail applications are being disposed of by this common order, as, the applicants have filed these applications, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS’), with a prayer to direct the IO/Police to release them on bail, in the event of their arrest, in case FIR No.155 of 2025, dated 19.07.2025, registered under Sections 318(2), 319(2), 336(3), 61(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), with Police Station, Sadar Solan, District Solan, H.P. 2. These applications have been filed by the applicants, as, they are apprehending their arrest, in the above noted FIR. 3. According to the applicants, they are innocent persons and have falsely been implicated, in this case. 4. The applicants have pleaded that the dispute involved, in the preset case, are within the family members. According to the applicants, they have not involved in the crime in question and dispute is between with the co-sharer with regard to their shares. 5. The learned counsel appearing on behalf of the applicants have given certain undertakings, on behalf of the applicants, for which, they are ready to abide by, in case, any 3 ( 2025:HHC:33503 ) direction is issued to the IO/Police of Police Station, Sadar Solan, District Solan, H.P., under Section 482 of BNSS. 6. On the basis of the above facts, a prayer has been made to allow the applications. 7. When, put to notice, the police has filed status the report, on 31.07.2025, disclosing therein, about the fact that on 19.07.2025, one Sudarshana Chopra (complainant), aged about 85 years, appeared before the police along with her daughter and moved the complaint mentioning therein, about the following facts:- “Complaint against Sh. Amit Chopra son of late Sh. Prem Sagar Chopra and Smt. Geeta Chopra wife of Sh. Amit Chopra, both resident of Whispering Pines Deonghat Solan, Tehsil and District Solan H.P. and Branch Manager Indian Overseas Bank Solan, Branch no. 1280 with respect to committing fraud cheating, impersonation, preparing and maintaining and fabricated false and illegal document with the sole motive to commit cheating and fraud with complainant for wrongful gain and causing wrongful loss to complainant. Sir, With due respect it is submitted as under:- 1. That the complainant in senior citizen and is presently aged about 85 years, and permanent resident of Shimla View Tank Road/ forest Road Solan, Tehsil and District Solan H.P. 2. That the husband of complainant Sh. Prem Sagar Chopra expired last year in November 2024 after along aliment. 3. That the complainant has three children's i.e Amit Chopra, Aneesh Chopra (sons), Monica Chopra (daughter), who all are married. Monica Chopra permanently resides in Mumbai as she is married there, Amit Chopra resides in Deonghat Solan with his family and Aneesh Chopra resides in Delhi. 4. That the complainant received a letter dated 11.07.2025 from Indian Overseas Bank Solan 4 ( 2025:HHC:33503 ) Branch on 16.07.2025, where by it has been informed by the bank that the complainant is welcomed for opening her Saving Account in the Indian Overseas Bank Solan Branch. On coming to know above the complainant visited some other branch of Indian Overseas Bank and after having received the statement of alleged newly opened saving account, the complainant came to know that the Saving Account no. 128001000013674 has been opened in her name on 02.07.2025 by depositing cash of Rs. 500/- and the cheque amounting to Rs. 17,05,000/- has been deposited in the same, which has been issued in her name and the drawer of the cheque is one Mr. Vipan Puri. The Complainant does not know the person named Mr. Vipan Puri. On further enquiry from the bank, the complainant came to know that the authorized signatories on the bank's server is Amit Chopra and Geeta Chopra, the complainant took screen short of the computer screen of the bank wherein the signatory were Amit Chopra and Geeta Chopra, The complainant came to know that the accused person in connivance and collusion with each other have opened the saving account number aforesaid and the signature over the form have been forged by Amit and Geeta Chopra, the documents i.e. Aadhar card of the complainant has been misused by the above accused persons. 5. That the bank manager has actively helped the accused person in commission of the offence, and as such all the accused persons have hatched conspiracy with the sole motive to cheat the complainant. That the accused Amit Chopra had visited the house of the complainant on 28.06.2025 and desired, that the wanted to accompany the complainant to pay visit on the holy place of their family deity in Punjab. The complainant accepted the proposal of accused Amit Chopra and agreed to accompany him for their family deity in Punjab but the accused took this complainant to the office of Sub Registrar Ludhiana after visiting the holy place of their family deity and he had already managed the entire things in advance. He brought some typed paper and directed the complainant to sign all those documents, the complainant got afraid of the entire facts and she signed those paper as per the direction of accused Amit Chopra. Now the complainant has full faith that the accused has 5 ( 2025:HHC:33503 ) misused those papers for illegal and unlawful gain. It is submitted that the complainant has inherited landed property in Ludhiana and value of the same is in serval crores and the accused has disposed off those properties of complainant on the basis of forged and false documents got procured by him by putting undue pressure upon the complainant. The accused persons have pre-planned the grab the valuable properties of the complainant. The Cheque of Rs. 17,05,000/-above must be of the same illegal deal and the same has been deposited by him in the above opened alleged saving account of the complainant. 6. That the complainant has not visited the Solan Branch of Indian Overseas Bank on 02.07.2025 for the purpose of opening the saving account as the complainant has already two saving accounts in State Bank of India Solan a13.5nd The Baghat Urban Cooperative Bank Solan and she had no need to open new saving account. 7. That the complainant has got freezed the above saving account by filing application in the bank on dated 18.07.2025. 8. That the accused aforesaid i.e. Amit Chopra and his wife Geeta Chopra forged the signature of the complainant in the account opening form. The form submitted for opening the saving account is blank and unfilled and only the signature of complainant on the same were forged by the accused persons with mala fide intentions. The branch manager of Indian Overseas bank has connived with Amit Chopra and Geeta Chopra in this conspiracy and they all are liable to be booked for commission of offence cheating forgery and preparing and manipulation of false and illegal documents with the sole motive to cheat the complainant and for unlawful gain. The documents procured by the complainant from the bank Indian overseas Solan along with bank statement and screen short of computer screen showing authorized signatories as Amit Chopra and Geeta Chopra are appended herewith 9. That all the above acts of cheating has been done by my son Amit Chopra in connivance and collusion with Geeta Chopra and bank manager. They all have hatched conspiracy with the sole motive to cause loss to the complainant and they are liable to be prosecuted for the commission of offence under the provisions of BNSS. It is, therefore, very humbly requested to your goodself 6 ( 2025:HHC:33503 ) to kindly registered FIR under sections 61, 316, 319, 336 of and other relevant provisions of BNSS against the accused and they may be arrested and the record and CCTV footage of the bank may be taken in custody immediately so that the accused persons may not destroy the documentary record with the sole motive to destroy the evidence against them. Dated: 19.07.2025 Age-85 yrs Sd/- Sudarshan chopra Complainant Sudershan Chopra wife of late Sh. Prem Sagar Chopra, resident of Shimla View, Tank Road/Forest Road Solan H.P.M: 9819642426 (Monica) 8219464881 (Sudarshan) Copy The Superintendent of police Solan for intimation and necessary action. SD/- Sudarshan chopra. 7.1. Upon this, the police registered the FIR, and criminal machinery swung into motion. Initially, the investigation was conducted by ASI Om Prakash, IO, Police Station, Sadar Solan. The statement of the complainant was recorded and correspondence was made with Indian Overseas Bank, Solan, to obtain the details of the bank account opened in the name of complainant. Further investigation was entrusted to ASI Jai Prakash, IO Police Station Sadar Solan, who has taken the requisite record from Indian Overseas Bank, Solan, with regard to the bank account, which was allegedly opened in the name of Sudarshan Chopra and the said record was taken into possession on 30.07.2025. 7.2. On the basis of the above facts, interim protection was given to the applicants and matter was adjourned for 04.08.2025 and 08.07.2025. 7 ( 2025:HHC:33503 ) 7.3. On 04.08.2025, the police filed the supplementary status report, disclosing therein, that during investigation, on perusal of the record, from the Indian Overseas Bank, Solan, it has been found that a joint account in the name of complainant- Sudarshan Chopra was opened and the number of the said account is 128001000013674 (jointly by all). It has been found that the signatures of complainant on Account Opening Form was obtained by Assistant Branch Manager, by visiting her residence, as per the guidelines of Reserve Bank of India. Thereafter, on 02.08.2025, the CCTV footage, of 02.07.2025 were also obtained. 7.4. On 02.07.2025, presence of Amit Chopra (applicant) was found in Overseas Bank. Thereafter, in the subsequent status report, which was filed on 20.08.2025, it was found that the said joint account was in the name of complainant-Sudarshan Chopra and Amit Chopra (applicant). In the said account, on 02.04.2025, Rs.500/- were deposited by cash and on 03.07.2025, Rs.17,05,000/- were deposited through cheque. 7.5. On 06.08.2025, Amit Chopra and Geeta Chopra (applicants) joined the investigation and both were bound down, under Section 35(3) of BNSS. 7.6. On 07.08.2025 Anish Chopra, son of complainant Sudarshan Chopra, has produced a screenshot of computer 8 ( 2025:HHC:33503 ) screen, which was taken into possession, in which the specimen signatures of Amit Chopra and Geeta Chopra (applicants) were there. As per the screenshot, bank account No.128001000013674, was opened in the name of complainant Sudarshan Chopra. In order to verify the said fact, a letter dated 08.08.2025 was written to the Overseas Bank, Branch Solan, H.P. On 19.08.2025, in order to verify the screenshot, record was obtained from Indian Overseas Bank, Branch Solan. In reply to the said letter, it has been informed that Geeta Chopra (applicant), has no concern whatsoever, with Account No.128001000013674 and the signatures were found connected with Customer ID No.11106361. 7.7. On 03.09.2025, complainant has filed objections in the present case, reiterating the contents of the FIR, and it has been submitted that the applicants are having the history of criminal misconduct against the complainant, as, they had stolen her jewelry and cash and the matter was although reported to the police, but the jewelry has not yet been recovered. It is her further case that the applicants are influential persons and having good connections in the society. 7.8. In addition to this, investigation, in the present case, is also stated to be deficient, which, according to her, raises serious concern about the integrity of the investigation. 9 ( 2025:HHC:33503 ) 8. On the basis of the above facts, a prayer has been made to dismiss the application. 9. As per the status report filed, a stand has been taken that in the investigation conducted till 24.09.2025, no evidence was found against Amit Chopra and Geeta Chopra (applicants) and it has been stated that the dispute is with regard to the property and they termed the dispute, as family dispute. 10. In view of the stand taken by the police in the status report, although, the veracity of which, has been questioned by the complainant, this Court is of the view that the police is not able to make out a case for custodial interrogation, in the present case. When, the police is coming forward with the plea that no evidence has yet been found against the applicants, then, on the bold assertions of the complainant with regard to the deficiency in the investigation, the relief, for which, the applicants are otherwise entitled to, cannot be declined to them. 11. Moreover, the role allegedly played by the applicants in the crime in question, would be proved, during the trial. 12. The applicants are permanent residents of Solan, as such, it cannot be apprehended that in case, interim orders dated 21.07.2025 and 31.07.2025, are made absolute, they may not be available for the trial. 10 ( 2025:HHC:33503 ) 13. The complainant is not a stranger, but mother of applicant-Amit Chopra and mother-in-law of applicant-Geeta Chopra (applicants) and the police had taken a balance stand, by pleading that the dispute between the parties is a family dispute, with regard to the property. 14. No other case is found to be registered against the applicants, as such, presumption of innocence is still available to them. 15. Moreover, at the time of deciding the bail applications, detailed discussions about the merits and demerits should be avoided, as, the same would cause prejudice to the case of the prosecution, as well as, to the case of the applicants. 16. Consequently, interim orders, dated 21.07.2025 and 31.07.2025 passed in the applications, are made absolute and the applicants are ordered to be released on bail, in case FIR No.155 of 2025, dated 19.07.2025, registered under Sections 318(2), 319(2), 336(3), 61(2) of BNS, with Police Station, Sadar Solan, District Solan, H.P., subject to their furnishing personal bonds in the sum of Rs.50,000/- each, with one surety each, in the like amount to the satisfaction of the Investigating Officer. 17. This order, however, shall be subject to the following conditions:- 11 ( 2025:HHC:33503 ) a) That the applicants will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law; b) That the applicants will not leave India, without prior permission of the Court; c) That the applicants 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) That the applicants shall 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 appropriate application. 18. 18. 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 applications. 19. It is made clear that the respondent-State is at liberty to move appropriate applications, in case, any of the bail conditions is found violated by any of the applicants. 20. Copy of this order be placed in the connected case file i.e. Cr.MP(M) No.1854 of 2025. (Virender Singh) Judge September 26, 2025 (subhash)