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2025 DAILYLAW 3496 (HP)

Gopal Krishan v. State of H. P.

2025-09-26

Virender Singh

body2025
JUDGMENT : Virender Singh, J. The applicant Gopal Krishan, who is apprehending his arrest, has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in  case  FIR  No.  97  of  2025,  dated  20.6.2025, registered under Sections 319(2), 318(4) and 337 of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’), with Police Station, Manali, District Kullu, H.P. 2. By way of the present application, the applicant has sought the indulgence of this Court to direct the Investigating Officer/Police of Police Station, Manali, to release him on bail, in the event of his arrest, in the above-mentioned case. 3. According to the applicant, he has falsely been implicated, in the present case. 4. The applicant has further pleaded that he has deep roots in the society and there is no likelihood of his fleeing away from justice. 5. According to the applicant, he has earlier tried his luck before the learned Addl. Sessions Judge, Kullu, H.P., by moving the application under Section 482 of BNSS, 2023, which was dismissed, on 21.5.2025. 6. On the basis of above facts, Mr. Virender Kumar, Advocate, appearing vice Mr. Mukul Sood, Advocate has given certain undertakings, on behalf of the applicant, for which, he is ready to abide by, in case, directions are issued to the Police/I.O., under Section 482 of the BNSS. 7. On the basis of above, applicant has sought the relief, as claimed, in the present bail application. 8. When, put to notice, the Police has filed the status report, on 1.8.2025, disclosing therein, that on 4.6.2025, Tehsildar, Kullu has submitted the complaint to the Police on the following facts: “Filling FIR in the name of Sh. Gopal Krishan S/o Sh. Nanak Chand R/o Siyal Post office & Tehsil Manali District Kullu H.P., Aadhar Card no. 2835-5834-4403 & Moblie no. 9418378554 for availing Agriculture Certificate (Agriculturist Certificate No AG20241041022050428) by using Revenue Record of Sh. Nanak Chand S/o Sh. Rattan Das S/o Sh. Khayalu of Muhal Shuru, Patwar Circle Prini, Tehsil Manali, District Kullu and for misusing the official communication channel of the office of Tehsildar Manali. Sir, It is to bring to your kind notice that on the complaint of Sh. Nanak Chand S/o Sh. Rattan Das S/o Sh. Khayalu of Muhal Shuru, Patwar Circle Prini, Tehsil Manali, District Kullu and for misusing the official communication channel of the office of Tehsildar Manali. Sir, It is to bring to your kind notice that on the complaint of Sh. Ghanshyam Sharma, President, Golden Land Investor Welfare Society, 238/5, Palace Colony, Mandi Sadar, District Mandi, Himachal Pradesh received in this office through the office of the Sub Divisional Magistrate Manali vide letter no 479/R-SDM dated 28/04/2025 (copy of complaint & letter enclosed at page no 1-7 for reference. Detailed enquiry have been conducted by the office of undersigned whose brief fact & conclusion is as below. Brief fact of the enquiry and conclusion:-1. Sh. Gopal Krishan S/o Sh Nanak Chand S/o Sh Rattan Das, R/O Mohal Shuru, Tehsil Manali, District Kullu H.P whose Aadhar card no, is 2835-5834-4403 (at page no.8) went to the office of Patwari Patwar Circle Prini on dated 04/10/2024 with offline application form A-1 (Application Declaration of the Applicant for obtaining agriculturist certificate). The form was filled by Sh. Gopal Krishan S/o Sh Nanak Chand S/o Sh Rattan Das showing himself as son of Sh Nanak Chand S/o Sh Rattan Das S/o Sh. Khyalu, R/o Mohal Shuru, Tehsil Manali, DistrictKullu H.P by putting his signature in original. Patwari, Patwar Circle Prini enquired the revenue record of Muhal Shuru& found that Sh. Nanak Chand S/o Sh. Rattan Dass is owner in Khata/Khatoni no. 319/400 kitta area measuring 00-16- 12 hectare of Muhal Shuru Tehsil ManaliDisttKullu and as a document of proof Aadhar card of Sh. Gopal Krishan has been verified by Patwari, Patwar Circle Prini to come to the conclusion that the person who is applicant, applying for land detail of Sh. Nanak Chand is actually the son of Sh Nanak Chand whose revenue record is lying in the Patwar circle Prini. On the basis of above enquiry Patwari, Patwar Circle Prini verified the form and declared that Sh. Gopal Krishan S/O Sh. Nanak Chand S/o Sh Rattan Dass is an agriculturist on the basis of his father being an agriculturist of Himachal Pradesh. (Copy of statement given by the then Patwari Patwar Circle Prini now Kanungo, Record Room Sub Division, Manali during enquiry enclosed at page no 9&10 and application form duly verified by Patwari, Patwar Circle Prini enclosed at page no.11) 2. (Copy of statement given by the then Patwari Patwar Circle Prini now Kanungo, Record Room Sub Division, Manali during enquiry enclosed at page no 9&10 and application form duly verified by Patwari, Patwar Circle Prini enclosed at page no.11) 2. On the basis of offline application form duly verified by Patwari Patwar Circle Prini, Sh. Gopal Krishan S/o Sh Nanak Chand S/o Rattan Das had applied for agriculturist certificate through e-district portal (from Lok Mitra Kendra) thereby filling each & every detail required to obtain agriculturist certificate including his self photograph and further uploaded the Form- 1 duly verified by Patwari Patwar Circle Prini and Aadhar card as necessary document (Copy of filled application form on e- district portal enclosed at page no 12,13&14)3. Agriculturist Certificate has been further verified by the Dealing Assistant of this office and further submitted to the Tehsildar Manali for further approval and undersigned in the capacity of Tehsildar Manali approved the Agriculturist Certificate on the basis of report of Patwari Patwar Circle Prini and application being duly verified by Dealing Assistant (Copy of Agriculturist Certificate vide id no. AG20241041022050428 enclosed at page no. 15) 4. On the complaint of Sh. Ghanshyam Sharma, President, Golden Land Investor Welfare Society, 238/5, Palace Colony, MandiSadar, D. strict Mandi, Himachal Pradesh which is further forwarded to this office from the office of the Sub Divisional Magistrate, Manali, District Kullu vide letter no. 479/R-SDM dated 28-04-2025 further enquiry have been conducted. 5. During enquiry Sh. Gopal S/o Sh. Nanak Chand S/o Sh. Rattan Dass village Siyal Tehsil Manali and Sh Nanak Chand S/o Rattan Das Rio village Siyal Tehsil Manali an original owners, whose revenue record and name have been fraudulently misused by Sh. Gopal Krishan S/o Nanak Chand have been called in this office on dated 07-05-2025 and 28-05-2025 whereby they have given written statement that they have no connection with Sh. Gopal Krishan Sio Nanak Chand (Aadhar No.2835-5834-4403) and further stated that stern action shall be taken against Sh. Gopal Krishan as per law (Written statement of Sh. Gopal S/o Sh Nanak Chand and Sh Nanak Chan S/o Sh. Rattan Das S/o Sh.Khayalu enclosed at page no 16-19.) 6. As to conduct fair enquiry Sh. GopalKrishan S/o Sh Nanak Chand (Aadhar card no. 283558344403) (Moblie no. 9418378554) have been called frequently avoided his presence in this office with several excuses. this office through his mobile no. Gopal S/o Sh Nanak Chand and Sh Nanak Chan S/o Sh. Rattan Das S/o Sh.Khayalu enclosed at page no 16-19.) 6. As to conduct fair enquiry Sh. GopalKrishan S/o Sh Nanak Chand (Aadhar card no. 283558344403) (Moblie no. 9418378554) have been called frequently avoided his presence in this office with several excuses. this office through his mobile no. 9418378554 who Finally he visited this office on dated 21/05/2025 at 4:30 PM and when he has been asked to give his statement that on what basis he has applied for an agriculturist certificate he stated one or another pretext. that he is the son of Sh. Nanak Chand S/o Sh. Rattan Das since Sh. Nanak Chand were also married to his mother and further requested to give him time so that he will bring every proof to show/confirm him as a son of Sh. Nanak Chand S/o Sh. Rattan Das. Since it is a matter of detailed enquiry, hence he has been given opportunity to submit all proof on or before 26/05/2025. Thereafter, he never turned to this office. The then Patwari Patwar Circle Prini now Kanungo, Record Room Sub Division Manali were also present in the office of undersigned during verbal enquiry on dated 21.05.2025. On the basis of above enquiry it is concluded that Sh. Gopal Krishan S/o Sh. Nanak Chand (Aadhar card no. 283558344403) Moblie rio. 9418378554 has fraudulently misused the revenue record of Sh. Nanak Chand S/o Sh. Rattan Das for obtaining agriculturist certificate vide Agriculturist Certificate no. AG20241041022050428. Therefore, Agriculturist Certificate vide Agriculturist Certificate nO. AG20241041022050428 is herewith cancelled with immediate effect for all other purposes as per notification No.Rev.B.A(3)-1/2004-vol-I dated 09.01.2012 read with Chapter 28.11 of The HP Land Record Manual, 1992 vide Cancelation order No.42/MC dated 31.05.2025 (Copy enclosed at Page No.20). Further Sh. Ghanshyam Sharma has received the letter issued form this office whereby it has been communicated that inquiry of false "Agriculture Certificate" has been dropped by the undersigned on the basis of some enquiry, where as such letter has never been issued by this office to any individual. The matter comes in the notice of this office on dated 03-06-2025 when Sh. Ghanshyam Sharma President, Golden Land Investor Welfare Society, 238/5, Palace Colony, Mandi Sadar, District Mandi, Himachal Pradesh Moblic no. The matter comes in the notice of this office on dated 03-06-2025 when Sh. Ghanshyam Sharma President, Golden Land Investor Welfare Society, 238/5, Palace Colony, Mandi Sadar, District Mandi, Himachal Pradesh Moblic no. 9216225278 has forwarded the letter to the Public Information Officer, Tehsil Manali, District Kullu, under Right to Information Act 2005 thereby seeking various information in relation to above letter. It is therefore requested to jodge an FIR against Sh. Gopal Krishan S/o Sh. Nanak Chand S/o Rattan Das under relevant section of BNSS, 2024 for using the revenue record of Sh. Nanak Chand S/o Sh. Rattan Das S/o Sh. Khayalu for obtaining Agriculture Certificate fraudulently and matter shall also be enquired with relation to Agriculturist Certificate as above being used by Sh. Gopal Krishan S/o Sh. Nanak Chand for his ulterior motive whereby some sale/purchase of land in Himachal Pradesh can not be ruled out. Besides letter issued from the office of undersigned (copy enclosed at page no 21) shall be made the part of investigation, please”. 9. On the basis of above facts, Police registered FIR in question and criminal machinery swung into motion. 10. Investigation of the case was entrusted to Sub-Inspector, Shashank Chauhan, I.O., Police Station, Manali. During investigation, it was found that applicant Gopal Krishan and one Ghanshyam Sharma, R/o Surajmani Sharma, R/o 238/5, Palace Colony Mandi, District H.P., at present, President, Gold Land Investor Welfare Society was having a dispute regarding 7 bighas of land, situated at 15 miles Badagram, Patlikuhal. The said matter is stated to be pending in the High Court of H.P., by way of Civil Suit No. 1 of 2020 and OMP No. 69 of 2024. 11. During the proceedings before the High Court, Gopal Krishan has produced an Agriculture Certificate No. AG20241041022050428, claiming himself and his father to be the agriculturist of Himachal Pradesh, whereas, according to the Police, Ghanshyam had issued the Agriculture Certificate, in favour of Gopal Krishan, despite knowing the fact that he is originally the resident of Jammu & Kashmir and married in Himachal Pradesh. 11. 1  Thereafter, the letter to inquire the authenticity of the Agriculture Certificate was written to the SDM, Manali, upon which, inquiry was conducted by the Tehsildar, Manali. 11. 1  Thereafter, the letter to inquire the authenticity of the Agriculture Certificate was written to the SDM, Manali, upon which, inquiry was conducted by the Tehsildar, Manali. In the report, it has been mentioned that applicant Gopal Krishan, S/o Nanak Chand, S/o Rattan Dass, S/o Khyalu Ram, R/o of Siyal, Tehsil Manali, while relying upon the documents of khata Khatauni No. 319/400, Khasra No. 418, Muhal 00-01-61, has applied for the Agriculture Certificate, online by uploading his Adhar Card and Passport photographs, upon which, the Patwari had verified Form A-1, and on the basis of name, address and documents of the land, he had issued Agriculture Certificate, in favour of Gopal Krishan. The said certificate was found to be forged, and on 31.5.2025, Tehsildar, Manali had cancelled the same. 11.2 In the meanwhile, Ghanshyam received a brown coloured envelope, having encryption of Government of India, by post, at his residence. The said letter was purported to be issued by the Tehsildar, Manali, bearing his stamp and signatures with green ink, and in the said letter, the Agriculture Certificate issued in favour of Gopal Krishan, is held to be valid, whereas, on inquiry, the said letter was not found to be issued by the Tehsildar, Manali. 11.3 It is the further case of the Police that on 16.7.2025, Ghanshyam Sharma was associated in investigation and the documents produced by him, were taken into possession and his statement was recorded under Section 180 of BNSS. During investigation, he has disclosed that on certain conditions, Civil Suit No. 1 of 2020 has been compromised before the High Court and in this regard, on 23.12.2023, compromise deed was executed between him and Gopal Krishan, which was attested by Mr. Chhavinder Singh Thakur, Notary Public, by entering the same in his register, at serial No. 2670. Kewal Krishan Sharma, was stated to be the witness of this deed. Thereafter, as per the statement of Ghanshyam Sharma, Gopal Krishan has backed out from the terms and started demanding more than the terms and conditions. As such, the compromise could not be executed. 11.4 During investigation, Ghanshyam Sharma has further disclosed that thereafter, OMP No. 69 of 2024 was filed and applicant Gopal Krishan made a claim that no compromise has been effected between the parties. 11.5. As such, the compromise could not be executed. 11.4 During investigation, Ghanshyam Sharma has further disclosed that thereafter, OMP No. 69 of 2024 was filed and applicant Gopal Krishan made a claim that no compromise has been effected between the parties. 11.5. Photo copies of the Register of Notary Public were obtained from High Court, but, at serial No. 2670, no deed was found to be registered. Thereafter, Nanak Chand, S/o Rattan Dass, S/o Khyalu Ram and son of Nanak Chand were also associated in the investigation. Their statements were recorded under Section 180 of BNSS. 11.6. During investigation, Notary Public and Section Officer, were requested to provide the record, which, on production, was taken into possession. 11.7. It is the further case of the Police that applicant Gopal Krishan had used the documents of Gopal, S/o Nanak Chand and used the forged certificate in Civil Suit No. 1/2020 and OMP No. 69 of 2024, and claimed himself to be the Himachali Agriculturist. 11.8. During investigation, I.O. has also found that no letter giving the validity of the Agriculture Certificate was ever issued by the Tehsil Office and the forged signatures and stamps have been used. As such, inquiry from Gopal Krishan is stated to be conducted. 11.9. On the basis of above facts, interim protection was given, and the matter has been adjourned for 8.8.2025. On that date, the matter has been adjourned, for 22.8.2025. 11.10. Thereafter, the matter was adjourned for 29.8.2025. On that date, fresh status report has been filed on similar grounds. Thereafter, the matter was adjourned, for 5.9.2025. 11.11. As per the stand taken in the status report, filed on 5.9.2025, it has been pleaded that on 16.7.2025, Gopal Krishan was associated in the investigation, and the documents produced by him, were taken into possession. 11.12. Thereafter, the matter was adjourned for 17.9.2025. On that date, the Police filed the fresh status report, in which, it has been mentioned that on 25.8.2025, Mr. Chhavinder Singh Thakur, Notary Public, Manali was requested to provide the record pertaining to compromise deed, executed between the parties, upon which, he has replied as under: “The relevant record ie the Notarial register for the year 2023 as well as for the year 2024 has gone misplaced while shifting the records from my office to residence. Despite lot of efforts to trace the record, the same has not been found out. Despite lot of efforts to trace the record, the same has not been found out. Though, it is submitted that the compromise deed bearing Serial No 2670 Dated 23.12.2023 has been attested by me and the same bears my signatures. It is further submitted that I am also intimating the Legal Remembrancer cum Principal Secretary Law Govt of HP very soon regarding the loss/ misplacing of aforementioned Notarial Registers. Dated 1.9.2025 Yours Faithfully Chhavinder Singh Thakur Advocate/Notary Public White Rose Cottage Gurudwara road Manali Mobile No 9816035933” 12. On the basis of above facts, it has been argued by learned Addl. A.G. that the matter is to be inquired from applicant Gopal Krishan about the forged signatures and the stamp used by him, and it has yet to be inquired, as to who has prepared the forged documents and with whose help, the documents were got issued; whether any government employee or any other person is involved in it? 13. On the basis of above facts, a prayer has been made to dismiss the application. 14. In this case, applicant has joined the investigation. The attempt of the learned Addl. A.G. remained futile, when he argued that involvement of any other person, has to be ascertained. If the said prayer is accepted, then also the Police is not able to make out a case for custodial interrogation of the applicant, in the present case. 15. The entire record is with the Police and the status report(s) is/are silent about the aspect of the case, for which, the custodial interrogation of the applicant, is required. 16. Moreover, in view of the decision of the Hon’ble Supreme Court in Gurbaksh Singh Sibbia & Others versus State of Punjab, (1980) 2 Supreme Court Cases 565, a person, having the protection under Section 438 Cr.PC (482 of the BNS), is deemed to have surrendered himself, if a discovery is to be made. Relevant paragraph 43 of the judgment, is reproduced, as under:- 43. During the last couple of years this Court, while dealing with appeals against orders passed by various High Courts, has granted anticipatory bail to many a person by imposing conditions set out in Section 438(2) (i), (ii) and (iii). Relevant paragraph 43 of the judgment, is reproduced, as under:- 43. During the last couple of years this Court, while dealing with appeals against orders passed by various High Courts, has granted anticipatory bail to many a person by imposing conditions set out in Section 438(2) (i), (ii) and (iii). The Court has, in addition, directed in most of those cases that (a) the applicant should surrender himself to the police for a brief period if a discovery is to be made under Section 27 of the Evidence Act or that he should be deemed to have surrendered himself if such a discovery is to be made. In certain exceptional cases, the Court has, in view of the material placed before it, directed that the order of anticipatory bail will remain in operation only for a week or so until after the filing of the F.I.R. in respect of matters covered by the order. These orders, on the whole, have worked satisfactorily, causing the least inconvenience to the individuals concerned and least interference with the investigational rights of the police. The Court has attempted through those orders to strike a balance between the individual's right to personal freedom and the investigational rights of the police. The appellants who were refused anticipatory bail by various courts have long since been released by this Court under Section 438(1) of the Code. 17. Similar view has again reiterated by Hon’ble Supreme Court in case titled as Sushila Aggarwal and others versus State (NCT of Delhi) and another, (2020) 5 Supreme Court Cases 1. Relevant paragraph 92.8 is reproduced as under:- “92.8. The observations in Sibbia regarding “limited custody” or “deemed custody” to facilitate the requirements of the investigative authority, would be sufficient for the purpose of fulfilling the provisions of Section 27, in the event of recovery of an article, or discovery of a fact, which is relatable to a statement made during such event (i.e. deemed custody). In such event, there is no question (or necessity) of asking the accused to separately surrender and seek regular bail. In such event, there is no question (or necessity) of asking the accused to separately surrender and seek regular bail. Sibbia (supra) had observed that “19...if and when the occasion arises, it may be possible for the prosecution to claim the benefit of Section 27 of the Evidence Act in regard to a discovery of facts made in pursuance of information supplied by a person released on bail by invoking the principle stated by this Court in State of H.P. v. Deoman Upadhyaya.” 18. 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, is reproduced, as under:- “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.” 19. 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 1.8.2025, is liable to be made absolute. 20. As such, the interim order, dated 1.8.2025, 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. 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 himself 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. 21. 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. 22. 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.