1 ( 2025:HHC:41599 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.2667 of 2025 Date of Decision: 02.12.2025 Vivek Sharma …Applicant Versus State of H.P. …..Respondent Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Ms. Ayushi Sharma, Advocate. For the respondents : Mr. Tejasvi Sharma, Mr. Mohinder Zharaick and Mr. H.S. Rawat, Additional Advocates General with Mr. Rohit Sharma and Ms. Ranjna Patial, Deputy Advocates General, assisted by SI Balbir Sharma, Police Station SV&ACB, Mandi, District Mandi, H.P. Virender Singh, Judge (Oral) Applicant-Vivek Sharma, apprehending his arrest, in a case arising out of FIR No.02 of 2025, dated 03.05.2025, registered under Sections 420, 465, 467, 468 & 471 of the Indian Penal Code, (hereinafter referred to as the IPC), with Police Station, SV&ACB, Mandi, District Mandi, H.P., has filed the present application, 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2025:HHC:41599 ) under 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, by the applicant, to direct the IO/Police of Police Station, SV&ACB, Mandi, District Mandi, H.P., to release him on bail, in the event of his arrest, in the above mentioned FIR. 3. According to the applicant, he is innocent person and has falsely been implicated, in the present case. 4. According to the applicant, he is the only bread earner of the family and his arrest by the police, will lead to unnecessary humiliation. 5. On all these facts, Ms. Ayushi Sharma, Advocate, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, any direction is issued under Section 482 of BNSS. 6. On the basis of the above facts, a prayer has been made to allow the application. 7. When put to notice, the police filed the status report, on 10.11.2025, disclosing therein, that on 03.05.2025, a complaint, moved by Kumari Shweta 3 ( 2025:HHC:41599 ) Sharma, was received by SP, SV&ACB, Central Range Mandi, in which, she has alleged that in Ayurvedic Department, some doctors have got job, on the basis of forged certificates of EWS. On the said complaint, inquiry was ordered to be conducted, by Inspector Sandeep Kumar, who has obtained the certificates from Ayush Department. 7.1. As per the record, on 10.10.2022, a notification was issued by the Ayush Department, for batch-wise recruitment of the doctors. As per the notification, total 14 doctors, were recruited in EWS, category. As per the record, EWS certificates, were issued by revenue authorities of 4 districts, out of which 5, were issued from District Kangra, 4 from Hamirpur and 4 from Mandi and 1 from Bilaspur, H.P. The IO has conducted the investigation, qua the EWS certificates, issued in the name of applicant. 7.2. During investigation, it has been found that in order to obtain EWS certificates, Vivek Sharma (applicant) has sworn in an affidavit, disclosing therein that the annual income of his family is Rs.3,38,304/- and his agriculture income has been shown to be Rs.51,000/-. As per report dated 18.05.2022, made by the Patwari of 4 ( 2025:HHC:41599 ) Patwar Circle, Basantpur, no land was found to be in the name of applicant-Vivek Sharma, however, his father was having 00-64-93 hectares land and according to the Patwari, his annual income is Rs.11,600/-. 7.3. Applicant-Vivek Sharma has not mentioned, in his affidavit that no member of his family is in Government/Semi Government employment, nor, it has been mentioned that no one from his family is income tax payee. Whereas, it has been found that the father of the applicant Vijay Kumar, had retired from Ayurvedic Department, as Deputy Director and as per his annual tax return for the assessment year 2023-24, his income was found to be Rs.13,77,340/- and his mother Surekha Devi, retired from Education Department, as CHT and as per the income tax return for the assessment year 2022-23, her total annual income was found to be Rs.3,93,484/-. As per the status report, total annual income of his parents from pension is Rs.17,70,824/-. Thereafter, IO also inquired about the EWS certificates of Vinod Kumar, Pushp Raj and Bhartendu Kaushal. Thereafter, he has recommended to 5 ( 2025:HHC:41599 ) register the FIR, upon which, the FIR in question has been registered. 7.4. After perusing the said status report, interim protection was given to the applicant and the matter has been adjourned for 17.11.2025. On 17.11.2025, supplementary status report has been filed by the police, in which, it has been mentioned that applicant has obtained the degree of BAMS from Dayanand Ayurvedic College, Jalandhar, in the year 2007 and thereafter, he has done his Post Graduate Diploma, from Patanjali University, Haridwar, in the year 2011. Thereafter, in the year 2022, he has joined as Ayurvedic Medical Officer (contract basis) under EWS category and was posted as AHWC, Lossar-II, District Lahaul and Spiti, however, the climate of the said place does not suit for him, as such, he has resigned the same and thereafter, he has joined a private job at Chandigarh. 7.5. From the years 2014 to 2018, the applicant had run a Clinic, under the name and style of Alloveda Health and Punchkarma Center, Sarkaghat, which is being now run by his parents. Thereafter, he has joined as RBSK 6 ( 2025:HHC:41599 ) project, under National Health Mission, as doctor. In the year 2022, he was getting Rs.26,000/-per month, as honorarium. He had obtained a rented accommodation, in Hamirpur, where, he used to reside with his family. When, the Ayush department has issued advertisement for the recruitment of batch-wise, then, he has obtained EWS certificate, for that, he has made online application, after following the prescribed procedure, the certificate was issued and as per the affidavit, he has shown his annual income as Rs.3,87,304/- as, he has got separated his family from his parents. 7.6. According to the police, as per the notification, issued by the Himachal Pradesh Government, dated 11.06.2019, the annual income of his parents is required to be considered. In this regard, Section 3 of the notification has been mentioned, in the status report, which is reproduced, as under:- “3. CRITERIA OF INCOME & ASSETS AS PER HP GOVT. NOTIFICATION DATED 11th JUNE 2019 POINT 3 “CRITERIA OF INCOME & ASSETS”:- 3.1. Persons who are not covered under the scheme of reservation for SCs, STs and OBCs and whose family has gross annual income below Rs.4.00 7 ( 2025:HHC:41599 ) lakh (Rupees four lakh only) are to be identified as EWSs for benefit of reservation. Income shall also include income from all sources i.e. salary, agriculture, business, profession, etc. for the financial year prior to the year of application. Also persons whose family owns or possesses any of the following assets shall be excluded from being identified as EWS, irrespective of the family income:- (i) More than 1 hectare of Agricultural Land in rural areas and 500 M2 land in urban areas; (ii) Residential flat/house of more than 2500 square feet in rural/urban areas; (iii) Family of income tax payee; (iv) Family of Regular/Contract employees of the Central Government, State Government, Board, Corporations and autonomous bodies and Public Sector undertakings etc. 3.2. The property held by a Family in different locations or different places/cities would be clubbed with applying the land or property holding test to determine EWS status. 3.3. The term “Family” for this purpose will include the person who seeks benefit of reservation, his/her parents and siblings below the age of 18 years as also his/her spouse and children below the age of 18 years.” 7.7. Lastly, it has been apprehended that if, the relief is granted to the applicant, he may cause obstruction, in 8 ( 2025:HHC:41599 ) the investigation of the case. In the status report, which has been filed today, similar stand has been taken. 8. On the basis of the above facts, a prayer has been made to dismiss the application. 9. Learned counsel appearing for the applicant, in the present case, has relied upon the decision of Hon’ble Supreme Court, in case titled as Puja Manorama Dilip Khedkar versus State of NCT of Delhi and another, reported as Criminal Appeal No.___2025, in Special Leave Petition(s) (CRL. No(S).357/2025, and argued that the applicant is entitled for the relief, as claimed, in the application. 10. Firstly, coming to the case law, i.e. Puja Manorama (supra), case with due respect to the law laid down by Hon’ble Supreme Court, the same is not applicable to the facts and circumstances of the present case, as, in the present case, a specific apprehension has been expressed, by the police, in the status report, filed on 17.11.2025, that, in case, the interim order is made absolute, the applicant may obstruct the investigation. 9 ( 2025:HHC:41599 ) 11. In this case, it has also been argued by learned counsel appearing for the applicant that the certificates were got prepared, by submitting the documents, on the e- mail ID of Practicing Lawyer at Sarkaghat, Shri Videsh Palsra and after filling self declaration form, the documents were uploaded. 12. The applicant is not a layman and when, the instructions, which are reproduced above, are crystal clear, then, the arguments of learned counsel appearing for the applicant, qua the fact that the applicant, along with his wife and children, is residing separately at Hamirpur is inconsequential, as, in the instructions, it has not been mentioned that the income of the parents, will only be considered, if, they are residing with the applicant or applicant is residing with them. 13. Granting the relief would give a wrong signal to the society that after, committing such a serious offence, the applicant is moving freely, in the society and will also encourage the other people to indulge, in such type of activities, which is antithesis to the rule of law. 10 ( 2025:HHC:41599 ) 14. Considering all these facts, there is no occasion for this Court to pass any order in favour of the applicant, releasing him on bail. Consequently, the bail application is dismissed. 15. 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. (Virender Singh) Judge December 02, 2025 (subhash)