2025:HHC:10002 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.102 of 2025 Reserved on : 02.04.2025 Decided on : 10.04.2025 Roshan Lal …Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Mr. Ravi Tanta & Mr. Shakti Bhardwaj, Advocates. For the respondent : Mr. Tejasvi Sharma and Mr. Mohinder Zharaick, Additional Advocates General assisted by ASI Hardeep Chauhan, Police Station Nerwa, District Shimla, H.P. Virender Singh, Judge Apprehending his arrest, in case FIR No.05/2025 dated 06.01.2025 (hereinafter referred to as the ‘FIR in question’), registered under Sections 420, 467, 468 and 471 of the Indian Penal Code (hereinafter referred to as the ‘IPC’), with Police Station Nerwa, District Shimla, H.P., applicant-Roshan Lal has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’). 1Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:10002 2. By way of the present application, the applicant has sought the indulgence of this Court to direct the I.O/police of Police Station Nerwa, District Shimla, H.P., to release him, on bail, in the event of his arrest, in the above-mentioned case/FIR. 3. The said relief has been sought on the ground that he is innocent person and has falsely been implicated, in this case. 4. According to the applicant, he has nothing to do with the offences, as mentioned in the FIR in question. He has termed the complaint, filed against him, as false, which has been moved with ulterior motives just to harass him. 5. The applicant is stated to be working as Trained Graduate Teacher (TGT) Arts at Government Senior Secondary School, Deiya, Tehsil Nerwa, District Shimla, H.P. 6. It has been averred in the application that no recovery was effected from the applicant. As such, according to him, his custodial interrogation is not required. 3 2025:HHC:10002 7. It is the case of the applicant that he is from a respectable family of the area, having deep roots in the society. All these facts have been pleaded to show that in case, any protection is awarded to him, under Section 482 of BNSS, he will be available for the trial and his chances of fleeing away from the justice are not there. 8. On the basis of above facts, certain undertakings have been given, on behalf of the applicant, for which, the applicant is ready to abide by, in case, any direction is issued to the police/I.O., in this case. 6. Vide order dated 09.01.2025, interim protection was awarded to the applicant and State was directed to file the status report and consequently, status report has been filed. 7. As per the status report, which has been filed on 09.01.2025, FIR in question has been registered on the basis of the complaint, moved to Superintendent of Police, Shimla. The said complaint was moved by Scheduled Caste Unemployed Union of Himachal Pradesh. The complaint was made to CID and as per letter dated 10.12.2024, the matter has been enquired by CID, Sub-Unit Chopal, Nerwa and as per the enquiry report, allegations, levelled in the 4 2025:HHC:10002 complaint, have been substantiated. As such, a request has been made to take necessary action in the matter. 7.1. Along with the said letter, in the complaint, made by Scheduled Caste Unemployed Union of Himachal Pradesh, it has been mentioned that Roshan Lal, S/o Jalam Singh (applicant) had got prepared the Scheduled Caste Certificate, in the year 2009, whereas, he belongs to General Category. 7.2. It is the further case of the police that on 28.02.2009, batch-wise recruitments were made by the Primary Directorate for TGT Arts on contract basis, in which, the unemployed persons, belonging to Scheduled Caste, were to be appointed, whereas, Roshan Lal (applicant) had grabbed the said job. As such, a prayer has been made to take action against applicant-Roshan Lal. 7.3. On the basis of above facts, police registered the case, under Sections 420, 467, 468 and 471 of IPC and criminal machinery swung into motion. 8. In the status report, it has been mentioned that the requisite documents were to be obtained. As such, interim protection was awarded to the applicant, vide order dated 09.01.2025 and the matter was listed for 5 2025:HHC:10002 24.01.2025. Thereafter, the matter was adjourned for 24.02.2025. 8.1. On 24.02.2025, police filed the supplementary status report, disclosing therein, that during investigation, on 13.01.2025, Caste Certificate of the applicant was obtained from Tehsil Office, Nerwa and as per the said Certificate, applicant belongs to Rajput Caste (General Category) and as per the list, issued by the Government of Himachal Pradesh, said caste has not been mentioned in the said list. All these facts have been pleaded to demonstrate that the applicant belongs to General Category. 8.2. On the same day, correspondence was made to obtain the copy of Parivaar Register of applicant-Roshan Lal and IRDP Certificate. As per the record, there are three persons in the family of Roshan Lal (applicant), including himself, his wife Asha Devi and his mother Jhuti Devi. His name has been mentioned in IRDP List at Sr. No.02- 03(1)0905, in the year 2008. Thereafter, a request was made to Director, Elementary Education, Shimla, to obtain the documents, pertaining to the joining of the applicant and it has been enquired from the Department that under 6 2025:HHC:10002 which category, the applicant had joined the job in the year 2009. 8.3. On 05.02.2025, as per Letter No.EDN- H(2)2/2024-INFO-CID, it has been informed that as per the record of Director, Elementary Education, in the year 2009, by the office of the Directorate, Elementary Education, 27 persons were appointed as TGT Arts and name of Roshan Lal (applicant) has been mentioned at Sr. No.25 and he has been appointed, under the Scheduled Caste (IRDP) Category, in GSSS, Matal. 8.4. Thereafter, the Directorate Elementary Education was requested to provide the Scheduled Caste Certificate, but, as per the Department, the record has been destroyed, due to dampness/moisture in the record room by silverfish. As per record, it has also been found that first medical examination of Roshan Lal (applicant) was done on 14.03.2009, in which, he had also mentioned his Caste as Scheduled Caste. 8.5. It is the further case of the police that when, the service book of the applicant was perused, it was found that under the relevant column i.e. ‘if a member of Scheduled Caste, Scheduled Tribe, particulars of 7 2025:HHC:10002 caste/tribe’, white substance has been applied and tampering has been done. 8.6. On 12.11.2024, the Director, Elementary Education has made correspondence with regard to the Caste Certificate, upon which, Roshan Lal (applicant) has admitted that he is from General Category. However, in the TGT Seniority List, issued vide Letter No.EDN-H-B(2)- 1/2016-FINAL, dated 20.06.2017, name of Roshan Lal (applicant) has been mentioned at Sr. No.2027 and in Seniority List No.16862, his category has been mentioned as Scheduled Caste. 9. On 10.03.2025, another supplementary status report has been filed, by the police, wherein, it has been mentioned that when, the Caste Certificate was not found in the Education Department’s record, then, on 27.02.2025, correspondence was made with the Employment Exchange, Chopal and as per the record, name of Roshan Lal (applicant), in the category of B.Ed, has been mentioned at Sr. No.81/2000, dated 15.02.2000 and in MA (Arts), Sr. No.294/02 dated 31.05.2002, against the category of Scheduled Caste (IRDP) Category, has been recorded. In the year 2008, name of Roshan Lal (applicant) 8 2025:HHC:10002 was forwarded to Elementary Education Department vide Sr. No.2006006832, under Scheduled Caste (IRDP) Category, for being appointed as TGT (Arts). 9.1. It is the further case of the police that whenever, the name of a person is registered with the Employment Exchange, then, before making the entry, the documents, so submitted, are to be verified and on the basis of those documents, name of a person, under a particular category, is being registered. As such, according to the case, set up by the police, name of Roshan Lal (applicant) was entered, under the Scheduled Caste (IRDP) Category, after verification of the documents. 9.2. It is the further case of the police that the authorities of Employment Exchange keep the relevant documents for a fixed time period, which has to be updated by the applicant from time to time and in case, record is not updated, the same is destroyed, after a certain period of time and as per manual employment, the record, related to Roshan Lal, was not updated, in the year 2011. As such, the Caste Certificate could not be obtained. 9.3. On the basis of above facts, a prayer has been made that extensive enquiry is required to be made from 9 2025:HHC:10002 Roshan Lal (applicant) and his specimen signatures are also required to be obtained. 10. In the status report, filed on 18.03.2025, it has been mentioned that from the Elementary Education Department, original service book and medical form were obtained. 11. On 27.03.2025, police filed the supplementary status report, according to which, on 20.03.2025, Principal, GSSS, Dehiya, has been requested to provide relevant documents, upon which, vide Letter No.1128 dated 20.03.2025, Principal has apprised that in his absence, the charge was given to Roshan Lal (applicant), TGT (Arts). As per Office Order No.702, dated 03.11.2022, custody of the record has also been given to him. 11.1. All these facts have been mentioned to show that in the absence of the Principal, the entire record remained in the custody of Roshan Lal (applicant) and probably, the applicant might have tampered with the record. 12. In the supplementary status report, which has been filed on 02.04.2025, similar stand has been taken by the police. 10 2025:HHC:10002 13. On the basis of above facts, a prayer has been made to dismiss the application. 14. Heard. Record perused. 15. At the time of deciding the bail application, detailed discussions about the merits of the case should be avoided, as, it would cause prejudice to the case of the prosecution, as well as, to the case of the accused. However, keeping in view the seriousness of the offence, the availability of the accused for trial is one of the few considerations, which is to be taken into consideration by the Court. 16. The applicant, as per the case of the prosecution, has obtained the job, under the Scheduled Caste (IRDP) category, whereas, according to the prosecution, he belongs to General category. 17. When, in the status report, filed by the police, before this Court on 02.04.2025, it has been mentioned that the clerical record of GSSS, Dehiya i.e. TA Bill, Salary, Service Book and Correspondence Register, remained with the applicant from 03.11.2022 to 27.08.2024, then, the argument of the learned counsel, appearing for the applicant, qua the fact that the record cannot be given to 11 2025:HHC:10002 the person, who is posted as TGT, is a question, which will be considered by the learned trial Court, as, the applicant remained in the custody of the record for a considerable time. 18. At the time of deciding the question of granting the relief to the applicant, in such type of cases, the delicate balance has to be maintained, between the larger interest of the society and individual liberty, as, in case, interim order is made absolute, it will give wrong signal to the society that a person, who has obtained the job, on the basis of the alleged forged Certificate of SC (IDRP), is moving freely in the society. 19. Moreover, allowing the bail application will also encourage other people to indulge in such activities to get the employment. 20. The applicant cannot take benefit of the fact that although, initially, he has been appointed against the post, reserved for SC (IRDP), but, later on, he was regularized against the post, meant for General Category, as, this is the matter, which is to be considered, at the time of trial. 12 2025:HHC:10002 21. Custodial interrogation is more result-oriented, than the investigation from a person, who is having the order, under Section 482 of BNSS, in his favour and investigation is at the crucial juncture. 22. Considering the documents, which are on record, especially, the record of the Employment Exchange, Chopal, as well as, the Medical Certificate of Fitness of applicant’s first employment, this Court is of the view that the applicant is not able to make out a case for passing any direction to the police/IO, under Section 482 of BNSS. 23. The applicant is also not entitled for the relief, under Section 482 of BNSS, keeping in view the ramification of the white-collar crime over the society. 24. Consequently, the present application is dismissed. 25. 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. 26. Record be returned to the quarter concerned. ( Virender Singh ) Judge April 10, 2025( Gaurav Thakur )