1 ( 2025:HHC:33506 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 2116 of 2025 Reserved on : 23.9.2025 Decided on : 26.9.2025 Rashi …Applicant Versus State of H.P. …Respondent _______________________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? _______________________________________________________ For the Applicant : Mr. Vivek Thakur, Advocate vice Mr. Hemant Kumar Thakur, Advocate. For the Respondent : Mr. Varun Chandel and Mr. Mohinder Zharaick, Addl. AGs with Mr. Rohit Sharma and Ms. Ranjna Patial, Dy. AGs, assisted by ASI Rakesh Kumar, Police Station, Kangra, H.P. 2 Virender Singh, Judge The applicant has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No. 148 of 2025, dated 20.8.2025, registered under Sections 318 (4), 336(3), 338 and 340 of the Indian Penal Code (hereinafter referred to as ‘the IPC’), with Police Station, Kangra, District Kangra, H.P. 2. By way of the present application, the applicant has sought the indulgence of this Court to direct the Investigating Officer/Police, to release her on bail, in the event of her arrest, in the above-mentioned case, as, she is apprehending her arrest, in the said case. 3. According to the applicant, the story of the prosecution is totally false and fabricated and without any basis. 3 4. The applicant has further pleaded that she has deep roots in the society and there is no likelihood of her fleeing away from justice. 5. According to the applicant, she appeared in the NEET examination, under Roll No. 2410103312 at the Centre National Institute of Technology (NIT) Hamirpur, H.P., as per the instructions and guidelines of examination authorities, and upon declaration of the result, she secured 520 marks in NEET examination and thus, qualified for further admission process in Medical Colleges. 6. It is the further case of the applicant that acting in good faith and believing in the authenticity of all documents and procedures, she submitted all requisite documents to the Atal Medical Research University, Mandi on 22.7.2025, for being considered for admission to MBBS course. 7. Subsequently, the Atal Medical Research University informed the petitioner through official e-mail 4 communication regarding seat allotment for MBBS course in Government Medical College, Tanda. Acting upon the said communication and seat allotment, the applicant submitted all required documents at Government Medical Research University for verification. 8. It is the further case of the applicant that the FIR has been registered against her merely on the basis of suspicion. 9. On the basis of above facts, Mr. Vivek Thakur, Advocate vice Mr. Hemant Kumar Thakur, Advocate has given certain undertakings, on behalf of the applicant, for which, she is ready to abide by, in case, directions are issued to the Police/I.O., under Section 482 of the BNSS. 10. On the basis of above, applicant has sought the relief, as claimed, in the present bail application. 11. When, put to notice, the Police has filed the status report, disclosing therein, that on 20.8.2025, a 5 complaint was received from the Principal, Dr.RPGMC, Kangra at Tanda, disclosing the following facts: “Regarding likelihood of forged document submission by the candidate: Sir, It is to bring to your kind notice that candidate. Rashi D/O Kuldeep Singh R/o Janglu Sulyan P.O Dhaneta, Teh. Nadaun, Distt. Hamirpur, HP. Pin code 177041 has appeared before the scrutiny committee for MBBS admission at Tanda on 19.08.2025 along with the various required documents as per the AMRU requirements. The Committee on scrutiny observed following points: 1. The seat allotment letter submitted by the above candidate does not match with the AMRU. 2. Further, on verifying the credentials of the candidate in terms of roll No., name & application no. QR Code documents appear to be forged in her own name as per the committee's verification from official website of AMRU, Mandi. 3. The credentials submitted by the girl candidate (Rashi as above), however, belong to Ashlesh Sawhney at Merit No. 108 issued by the AMRU, Mandi. Keeping in view of the above facts, the committee is of the opinion that her credentials for claiming the MBBS seat session 2025 at Tanda should be verified from the concerned authority as the committee has found it to be a case of forged identity” 11.1 On the basis of above facts, the Police registered the FIR and criminal machinery swung into motion. During investigation, ASI/I.O. requested the Principal, Dr. RPGMC to provide documents, submitted by the applicant, at the time of her admission. 6 Consequently, attested photo copies, as well as, merit list, issued by the Atal Medical Research University, Mandi, H.P. were obtained. 11.2 Statements of Principal and members of the scrutiny committee was recorded, under Section 180 of BNSS. The official e-mail of the Atal Medical Research University, Mandi, H.P. was obtained. 11.3 Thereafter, I.O. associated the applicant in the investigation in the presence of her parents and L.C. Ranjna. The mobile phone used by her, was also perused. In the mobile phone of applicant, Gmail ID rashidogra530@gmail.com was found and in the inbox of the email, two mails, dated 15.8.2025 and 17.8.2025 from Atal Medical Research University, Mandi, H.P. were found to have been received. When, both the mails were checked, then, in one mail, merit list and in the other mail, date regarding the seat allotment was found. The mobile phone was also taken into possession. 7 11. 4 Thereafter, the account creation detail of the mobile phone of applicant, associated mobile number, login, logout IP and User mobile Number were obtained, upon which, email Id rashidogra530@gmail.com and e mail ID amruuniversity5@gmail.com and the mobile phone of both the e-mail IDs was found to be 6230225343 and recovery SMS was also found of mobile phone number 6230225343. The SIM number was found in the mobile phone of the applicant. Thus, as per the stand of the Police, a forged email ID of Atal Medical Research University, Mandi, H.P. was prepared by the applicant. 11.5 It is the further case of the Police that as per the facts, disclosed by the applicant, online Centers at Nadaun and Dhaneta, were visited and the owners of the same were associated in the investigation. Their statements under Section 180 of the BNSS were recorded. However, the factual position, disclosed by the 8 applicant, has not been verified by their statements, recorded under Section 180 of BNSS. 11.6 On the basis of above facts, it has been pleaded that the applicant is not disclosing the true facts and misleading the investigation. 11.7 On the basis of above facts, a prayer has been made to dismiss the application. 11.8 After perusing the status report, interim protection was granted to the applicant, and the matter has been adjourned for 9.9.2025. 11.9 In the subsequent report filed on 8.9.2025, apart from the grounds, as taken in the first status report, it has been pleaded that during investigation, a correspondence was made with the Controller of Examination of Atal Medical Research University, Mandi and obtained the report regarding Roll No. 2401101500 and Roll No. 2410103312, alongwith final allocation merit list, was obtained. 9 11.10 As per the list of Roll No. 2401101500, name of applicant Rashi Dogra was mentioned and she has secured 77 marks, whereas, against Roll No. 2410103312, name of one Ashlesh Sahni has been mentioned, who has secured 520 marks. Regarding this fact, statement of Controller of Examination, Dr. Praveen Kumar Sharma, was recorded under Section 180 of BNSS. 11.11 The matter was again inquired from the applicant, who has produced the question paper booklet to the Police, in which, with the red ink, she has mentioned the Neet password- Application and with the blue ink with ball pen, she has mentioned Roll No. 250412128371 Rashi@2004. The booklet was also taken into possession. 11.12 According to the status report, the applicant has not cooperated with the investigation, as such, intensive investigation is to be conducted. Thereafter, the matter was adjourned for 23.9.2025. 10 11.13 On 23.9.2025, fresh status report was filed, in which, the alleged disclosure statement, made by the applicant, during investigation, has been mentioned and it has been prayed that the mobile phone has been sent to RFSL, Dharamshala, from where, the result is awaited. 11.14 On the basis of above facts, a prayer has been made to dismiss the application. 12. First of all coming to the objection of learned Additional Advocate General, that the applicant is not cooperating with the investigation and not giving answers to the questions. If the facts and circumstances of the present case are seen in the light of the decision of the Hon’ble Supreme Court in Tusharbhai Rajnikantbhai Shah versus Kamal Dayani & Others, (2025) 1 Supreme Court Cases 753, the applicant is entitled to the relief, as claimed, in the application. Relevant paragraph 43 of judgment, are reproduced, as under:- 11 “43. We are of the firm opinion that non-cooperation by the accused is one matter and the accused refusing to confess to the crime is another. There would be no obligation upon the accused that on being interrogated, he must confess to the crime and only thereafter, would the Investigating Officer be satisfied that the accused has cooperated with the investigation. As a matter of fact, any confession made by the accused before a police officer is inadmissible in evidence and cannot even form a part of the record.” 13. The Police has conducted the investigation and the report from the RFSL, Dharamshala is awaited and on that ground, the Police is not able to make out a case for custodial interrogation of the applicant, in this case. 14. Moreover, the role attributed to the applicant, in the commission of alleged offence, will be proved during trial. Pre-trial punishment is prohibited under the law, as dismissal of the application, would be nothing, but sentencing her to judicial custody/police custody. 15. Even otherwise, except the present case, no other case is stated to have been registered against the applicant. 12 16. Considering all these facts, this Court is of the view that the Police has not been able to make out a case for custodial interrogation of the applicant. As such, the interim order dated 30.8.2025, is liable to be made absolute. 17. As such, the interim order, dated 30.8.2025, is made absolute. Consequently, the bail application is allowed, subject to the following conditions:- a) That the applicant will join the investigation of the case, as and when called for, by the Investigating Officer, in accordance with law; b) That   the   applicant   will   not   leave   India,  without prior permission of the Court. 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 them from disclosing such facts to the Investigating Officer or the Court. d) That the applicant shall make herself available for the purpose of investigation, if so required 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 appropriate application. 13 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 application. 19. 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 September 26 , 2025 Kalpana