Extracted from the PDF above. The PDF is authoritative.
2025:HHC:24265 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. : 6
07 of 2025 Reserved on :
0 8 th July, 2025 Decided on :
25 th Ju ly , 2025 Aniruddhsinh P Kshatriya …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. Prem Chand Verma, Mr. Aakash Thakur and Mr. Varun Thakur, Advocates. For the respondent : Mr. Anup Rattan, Advocate General with Mr. Mohinder Zharaick, Mr. Varun
Chandel,
Additional Advocates General, and Ms. Ranjna Patial & Mr. Rohit Sharma, Deputy Advocates General, assisted by ASI Nand Lal, Police Station Manali, District Kullu, H.P., for respondent No.1. Mr. C.S. Kori, Advocate, (joined through video conferencing) and Mr. Kamal Sharma, Advocate for respondent No.2. Virender Singh, Judge ApplicantAniruddhsinh
P
Kshatriya, apprehending his arrest, in case FIR No.20 of 2025, dated 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:24265 01.02.2025, registered, under Sections 69, 204,318 (4) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘BNS’), with Police Station, Manali, District Kullu, has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’). 2. By way of the present application, indulgence of this Court has been sought to direct the Police/ Investigating Officer of Police Station Manali, District Kullu, H.P., to release him on bail, in the event of his arrest. 3. The relief, as claimed, in the application has been sought on the ground that the applicant is innocent person and has falsely been implicated, in this case, by the Police. 4. According to the applicant, the story of the police is highly unnatural, improbable and concocted one. He is not involved in the commission of the crime and there is no iota of evidence to connect the accused with the crime, in question. 3 2025:HHC:24265
5. The applicant has further pleaded that he had paid the entire amount, which the applicant had allegedly taken from the complainant. To substantiate the said fact, statement of account has been annexed with the application as Annexure P1. 6. It is the further case of the applicant that civil dispute between the parties have been given the colour of criminal proceedings. The FIR is stated to be lodged for wrongful gain. 7.
Apart from this, learned counsel appearing for the applicant, 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 BNSS. 8. On the basis of the above facts, a prayer has been made to allow the application. 9. When put to notice, the police has filed the status report on 20.03.2025, disclosing therein, that on 1.2.2025, Constable Sanjay Kumar No.167 has submitted a letter forwarded by SP Office Kullu, along with, copy of zero FIR, dated 27.01.2025, registered with Police Station Sector14, Gurgaon, under Sections 316(2), 318(4), 61,
4 2025:HHC:24265 64(2)(m) of the BNS, was attached. The contents of the zero FIR are reproduced as under: To, Station House Officer Sector14 Police Station, Near DAV School, Sec14, Gurugram, Haryana, Pin122001. P.S. CC1. Adjutant General's Branch Integrated Headquarters of Ministry of Defense (Army) Room No. 153A, Kashmir House Rajaji Marg. DHQ PO New Delhi 110011 jse@nic.in 2. HPTDC Marketing Office, Manali
The
Mall,
Manali
175131 manali@hptde.in 3. National Human Rights Commission (NHRC) Manav Adhikar Bhawan, BlockC, GPO Complex, INA, New Delhi110023 nhre@nic.in. 4. National Commission for Women Plot No. 21, Jasola Institutional Area, New Delhi 110025 new@nic.in. SUBJECT: COMPLAINT FOR THE COMMISSION OF THE OFFENCES OF IMPERSONATING AS A PUBLIC SERVANT (ARMY OFFICIAL) AND CHEATING LAYMAN PERSONATING AS AN ARMY OFFICIAL CRIMINAL BREACH OF TRUST UNDER SECTIONS 170/415 and 405 1.P.C. (EARLIER) & SECTIONS 204/318 and 316 OF BNS (NOW), Details of the Accused 1. MR. ANIRUDDH SINGH BIKE NO. GJ 11 CF 5718 CAR NO. GJ 160 K 0079 2. MR.SHAURYA KATIHAAll of the abovementioned accused reside at: Hotel Page 3 Goshal Road, Near ClubHouse, Old Manali, Himachal Pradesh 175131 Sir/Madam, This complaint is being filed on my behalf, Bharti Rawat D/o Shri K S Negi, residing at C 109, 1st Floor, Old DLF Colony, Sector 14, Gurugram
122001. 1.
I Bharti Rawat, have been living alone since August 2018 after getting divorced from my husband vide court decree H.M.A Petition No.1506/21 on DTD. 16.11.2021. 2. I have two sons aged 19 years and 14 years. The elder one is an adult and their custody is with their father. My exhusband remarried after divorce with me, and did not let me keep any ties with either my children or him. 3. I have been living alone for past 6 years and suffer
5 2025:HHC:24265 from various health issues. On my parents' insistence, I decided to remarry and created profile on a matrimonial site to search for a life partner. 4. I am a working professional in Gurgaon and I am an Architect by profession. 5. In 2024, 1 created a matrimonial profile to find a suitable life partner, and it was through my acquaintance, and I was introduced to Accused Number 1, Mr Aniruddh Singh, through Accused No. 2. Mr. Shaurya Katiha. Shaurya Katiha messaged me about one of his divorced friend who was also looking to remarry and further suggested that I should talk to him stating "Mera ek mitr hai Ahmedabad se, Shaadi ke liye ladki dhundh raha hai", "Acha banda hai... divorced hai, Aap kahe toh baat chalau". To which I replied to "Vaise toh mushkil hai koi pasand aana mujhe, par tum par trust hai ki galat toh nhi batayoge koi". It is now apparent that Accused Number 2 introduced me to Accused Number 1 with the intent to extort money from me for their hotel business, in which they were partners. I suspect that they may have similarly cheated other women. ANNEXURE A1. 6. On October 1, 2024, Accused No. 1 contacted me, claiming to be an army officer who had taken voluntary retirement and was assigned by Government of India to special missions/ assignments. He mentioned working in conflict zones such as Kabul and Jammu.
During our initial conversations, he shared details about him stating "I was in Indian Army (ground force, abhi bhi army wing ke saath kam karta hoon, but work profile different hai". He also spoke about a hotel business in Manali. It is pertinent to mention that both of them are running this Hotel and claimed to manage as an equal partner in the Hotel. Evidences pertaining to the same annexed ANNEXURE A2. 7. That to further build my trust on him Accused No.1 shared personal details, stating that he lives alone with his elderly mother and has no other family. He claimed to own multiple properties, including a hotel in Manali, and emphasized his
6 2025:HHC:24265 need for a partner to help manage these assets. He also disclosed that his exwife had chosen a spiritual path, leading to their divorce, and expressed his desire to experience a genuine married life. These statements built emotional security, leading me to trust him completely. That from the very beginning of our conversation & interaction, it was very clear to both of us, that we wanted to get married. 8. That he further substantiated his claims by sending me photographs and videos of himself in an army uniform and provided fabricated details about his professional back ground. However, I later discovered that these claims were entirely false, and his actions amounted to impersonating as a public servant under Section 170 of IPC (earlier) and Section 204 of BNS (now), as he falsely portrayed himself as a member of the military. He used these false claims to gain my trust and later extorted money from me. His use of the army uniform after retirement, except for ceremonial purposes or events of military nature is strictly prohibited. Evidences pertaining to same Annexed as ANNEXURE A3. 9. Over time, Accused Number 1 began requesting money, claiming financial struggles related to his hotel business. Trusting his representations, excuses I transferred a total of 8,15,000 (Eight lakhs Fifteen Thousand) to him between October and December 2024.
These transfers included: Rs 50,000 and 25,000 through UPI on December 1, 2024 Rs. 2,25,000 via cheque on December 2, 2024 * Rs.50,000 through UPI on December 12, 2024 Rs.50,000 through UPI on December 18, 2024 Rs. 15,000 through UPI on December 19, 2024 Additionally, I gave him Rs. 4,00,000 in cash on December 5, 2024 Despite my own deteriorating health, Accused No. 1 continued to pressurize me for more funds, showing no regard for my wellbeing Eventually, I realized that his claims of financial difficulties and his professional background were false & fabricated. Receipts of all online transactions are attached as ANNEXURE A4 10. That Accused
7 2025:HHC:24265 Number 1 continued to demand more money from me and even asked me to find investors for his hotel business, further demonstrating his intent to exploit my emotional vulnerability. 11. That during my stay at his selfproclaimed property in Manali, he manipulated me into physical relationship by promising marriage that we were going to get married and that it was perfectly fine to get involved physically. However, soon afler we became physically involved, he started behaving distantly. When I asked him about marriage, he commented neither he nor I was going anywhere but did not provide any specific date for marriage and only contacted me to ask for more money. His behavior raised my Suspicions and I later feared that he may have taken inappropriate pictures or videos of me without my knowledge. That I felt like my emotions were misused, and I felt exploited, cheated and abandoned. In case if he wanted money, he could have asked for it, but instead, he played with my emotions, which is deeply hurtful. To this day, I live in fear that he might use any such material to blackmail or further exploit me, leaving me in a constant state of anxiety and fear. As a result, I am undergoing anxiety treatment and my medication is being prescribed by a doctor. 12.
After my visit to the Hotel and after consummating our relationship, he started becoming distant from me and only asking for money all the time. I became very apprehensive about his behavior. I have also doubt that there is some secretive trade going on in his hotel and after realising and sensed the same, 1 broke all the ties with him. 13. That he borrowed money from me and told me that once his loan was sanctioned, he would return back my money. His constant and persistent requests for money made me anxious and uncomfortable, giving me a feeling of being "trapped". He lied to me about other people's assets, claiming them as his own. He also stated that he would sell his car, which he claimed his own. But when I inspected it online, I found that the car was
8 2025:HHC:24265 actually registered in Sahil's name. He repeatedly told me a series of lies, which I discovered later. When I confronted Shaurya Katiha, Accused Number 2, he admitted that he knew Accused number 1 was lying, and later he blocked me. 14. That I have further observed that none of the assets or properties or vehicles he claimed to own were registered in his name of "Aniruddh singh." His bike is registered in the name of his exwife, Hiral ben; his car is registered in the name of Sahil, and the bank account details he provided are associated with the name "Omkara Hikes." His name is Aniruddha singh Somvanshi at Facebook and Instagram, Aniruddh Kshatriya and Om Hikes in bank account, and Anirudh Sinh on Army ID Card. These inconsistencies raise doubts about the ownership of the property deal mentioned on Hotel Page 3. which I suspect is also not in his name. I contacted Mr. Naresh, the owner of Hotel Page 3, at 9816377614, but he refused to provide the necessary details or verify the ownership. This lack of transparency has added to my suspicions.
Evidences attached as ANNEXURE A5 15. That his actions were clearly calculated to exploit my emotions and financial resources. He exploited me mentally, emotionally, physically and financially, knowing that I was all alone and an easy target. There are several inconsistencies in his behavior, such as contradictions in his stated locations, and lying about his physical locations, lying about his physical whereabouts which I caught him red handed in, and variations in his name like Aniruddha singh Somvanshi at Facebook and Instagram, Aniruddh Kshatriya and Om Hikes in bank account, and Anirudh Sinh on Army ID Card raised suspicion. Evidences attached as ANNEXURE A. 6. 16. After realising I had been cheated, I confronted Accused Number 2, Mr Shaurya Katiha who introduced me to Accused Number 1, was aware of his false representations and played a role in facilitating the fraudulent activities and who facilitated our
9 2025:HHC:24265 introduction, about my grievances, he blocked my contact indicating his complicity in this fraudulent scheme. 17. That after realising that he I had been cheated, I asked Accused No. 1, Mr. Anniruddh Singh to return my money but he is reluctant to do so stating that he doesn't have any money. His actions are part of a pattern of manipulation and deceit, intended solely to defraud individuals like myself. His fraudulent behavior, along with the emotional and financial harm he caused, is part of a larger pattern of exploitative conduct. Evidences attached as ANNEXURE A7 18. Accused No. 1 is now blackmailing me, claiming to have undergone special training, participated in secret missions in Pakistan, and having harmed or beaten people in the past asserting that nobody can catch him. His threats have left me in constant fear for my safety. He once called me and when I insisted that he return my money, he threatened to publicly tarnish my image and stated that he feared no one. 19. That this entire situation has caused me significant emotional distress, including anxiety attacks, which have adversely affected both my personal and professional life.
The actions of both Accused Number 1 and Accused Number2 have not only defrauded me financially but also inflicted severe mental and emotional harm. I have consulted a doctor and am currently undergoing treatment for depression and anxiety. ANNEXURE A 8 is attached herewith. 20.RELIEF. To return back 8,15,000 INR as the amount transferred, and given him in person, with interest along with 2,00,000 INR for medical expenses, bills & medication are attached along, and for trauma and mental harassment & for causing emotional distress 1,00,000 INR towards litigation cost, Legal notice, Police complaint and other relevant proceedings. I am giving this statement in front of legal, advisor miss Pooja on dated 27/01/25.”
10 2025:HHC:24265
10. As per the police of Gurgaon, since the offence has been committed at Hotel Page 3 Ghoshal Road Near Club House Old Manali, H.P., as such, zero FIR was registered and submitted to Superintendent of Police, Kullu. 11. On the basis of the above facts, the police registered the FIR, in question and criminal machinary swung into motion. 12. The investigation of the case was entrusted to SI Nand Lal. Respondent No.2, prosecutrix, was medico legally examined at Civil Hospital, Manali. The physical evidence, so collected by the Police was sent to RFSL Mandi, for analysis. 13. Statement of prosecutrix under Section 183 of the BNSS was got recorded, by producing her before the Court of learned Judicial Magistrate First Class, Manali. Spot was visited and at the instance of the complainant prosecutrix, spot map was prepared. 14. During investigation, it has been found that the accused has misused the dress of Indian Army and proclaimed himself to be an Army Officer and on the
11 2025:HHC:24265 pretext of marriage, he had developed the physical relations with the complainant from 5.12.2024 to 9.12.2024, in Page 3 Hotel Old Manali. Later on, he has refused to solemnize the marriage. Since the applicant has misused the dress of Indian Army, as such, Section 204 and 69 were added in this case. 15.
On the basis of the above status report, interim protection was given to the applicant with a direction to the I.O., not to take any coercive action, against the applicant and the matter was adjourned to 27.03.2025. 16. On 27.03.2025, respondent No.2, was ordered to be impleaded as party, in the present case and notices were ordered to be issued for 3.4.2025. 17. On 3.4.2025, the Police filed the supplementary status report, disclosing therein that, during investigation, CCTV footage of the Hotel, where they had allegedly stayed, was checked, however, the video footage was not found and on enquiry, the hotel owner disclosed that the capacity of backup of the CCTV footage is only for 15 days. 12 2025:HHC:24265
18. It is the further case of the police that applicant had obtained the said hotel on lease, as such, no entry was made in the visitors register. 19. During investigation, it has also been found that the applicant and respondent No.2prosecutrix came in contact with each other through one Shaurya Katiha, who has introduced both of them through marriage Matrimonial Profile, as both were divorcee, and applicant had assured to solemnize marriage with respondent No.2.Both of them had agreed for the said proposal. Thereafter, applicant demanded money from the victim respondent No.2. Consequently, respondent No.2, had paid Rs.4,15,000/ through Googlepay, as well as, through cheque. When the victim moved an application before Police Station Gurugram, then, the applicant returned the said amount. 20. It is the further case of the police that after developing physical relations with the prosecutrix, applicant had fled away from Manali, as such, teams were constituted to nab him. 13 2025:HHC:24265
21. On 24.3.2025, applicant appeared before the police. He was medicolegally examined. The physical evidence, so collected by the doctor, was handed over to the police, which was sent to RFSL Mandi. 22. It is the further case of the police that the dress, which the applicant had allegedly worn and introducing himself to be the Army Officer, is to be taken into possession. In addition to this, enquiry from Shaurya Katiha, is to be made. However, according to the police, nothing incriminating was found against said Shaurya Katiha. 23.
Lastly, it has been pleaded that chargesheet against the applicant, within the stipulated period of two months, has been prepared and submitted in the Court of learned Judicial Magistrate First Class, Manali, on
01.04.2025. Thereafter, the matter was adjourned for
10.04.2025. 24. On 10.04.2025, the police filed supplementary status report, disclosing therein, that the applicant has not joined the investigation and when called by the I.O., he has
14 2025:HHC:24265 put forward his ill health, as a reason for not appearing before the I.O.
25. On 30.04.2025, the police has filed the status report, disclosing therein, that notices, under Section 179 of the BNS, were served upon the applicant, on 5.4.2025, 12.04.2025, and 20.04.2025. Apart from this, on 07.04.2025, 12.04.2025, 20.04.2025, ASI Nand Lal has also informed him telephonically, however, he has not joined the investigation. 26. In the status report, the police has also put forward the fact that the complainant on 16.04.2025, through email, had submitted a complaint disclosing therein, that applicant, through his wife is pressuring her to compromise and his wife is pressurizing her by contacting through instagram and different mobile numbers. Along with the said status report, the police had filed the photocopy of the email. 27. In the status report, filed on 22.05.2025, police has taken the plea that the applicant has joined the investigation, however, he has not produced the Army dress. With regard to the complaint, which was forwarded
15 2025:HHC:24265 by the complainant/prosecutrix, the police has submitted that the billing address and copy of the consumer application form, has been demanded from the service provider. The mobile of applicant has been sent to RFSL, for retrieving the data. 28.
In the status report, which has been filed on 29.5.2025, it has been mentioned that as per the data provided by the service provider, mobile No.9428086221, was found to be issued in the name of Subhash Chandra Anand Rai Mehta son of Shri Anant Rai Mehta, resident of Gujarat, mobile number 9106478230 was found to be issued in the name of Mehta Neel Subhash Chandra son of Shri Subhash Chandra, resident of Gujarat and mobile No.9512042525, was found to be issued in the name of Hiralben Parimal Vasavadha daughter of Shri Parimal Bhai Vasavadha, who, as per the police, is wife of the applicant. 29. In the status reports, which have been filed on 20.06.2025 and 27.6.2025, similar stand has been taken by the police. 30. In this case, complainantprosecutrix, has also filed objections to the bail application, which are almost
16 2025:HHC:24265 based upon the stand taken by the complainant prosecutrix in the complaint moved before the police. 31. The main ground, upon which, the prayer has been opposed has been mentioned in the objections that the applicant has misused the liberty granted to him by this Court and he has tried to blackmail the victim, through phone calls. 32. On the basis of the above facts, it has been apprehended that in case, the interim order is made absolute, he may coerce/intimidate the complainant. 33. To buttress her contentions, she has given the details of the mobile phone numbers through which, the applicant allegedly tried to contact the victim. However, she herself is not sure about the fact as to whether Heeralben, who has sent instagram messages to her, is wife of applicant, as she has mentioned that she believes Heeralben to be the applicant’s wife. 34. On the basis of the above facts, a prayer has been made to dismiss the application. 35. The applicant, as per the directions, has joined the investigation.
Learned counsel representing the
17 2025:HHC:24265 applicant has highlighted the contents of the complaint, especially, the relief, as claimed, in the application, upon which, the police registered the zero FIR. 36. To the considered opinion of this Court, when, no set proforma has been prescribed, by the law for lodging the FIR, then, the above prayer, which, has been made by the complainant, who, is not having the legal background, allegedly demanding the money back, would not be taken as disadvantageous to the complainant. Moreover, the primary purpose of lodging the FIR is to put the criminal machinery into motion and the FIR is also not the encyclopedia of the events. 37. The complainantprosecutrix has given her age, in the affidavit, filed on 20.06.2025, in support of the objections, filed against the application, as 46 years, whereas, the applicant has pleaded his age as 40 years. Meaning thereby, they both are matured enough. 38. The fact as to whether the alleged physical relations, on the pretext of marriage, were made by the applicant or the same was consensual act of both of them,
18 2025:HHC:24265 as, there is a thin line, between the two, will be proved during the trial. 39. Even otherwise, the financial transactions, as highlighted in the complaint, as well as, submitted by the police, in the various status reports, filed in this case, prima facie, demonstrate that the real picture will emerge before the learned trial Court, when, the prosecution will be directed to adduce the evidence. 40. Merely, the fact that the FIR has been lodged under Section 69 of the BNS, is not sufficient to decline the relief, to which, the applicant is entitled to. 41. The applicant has joined the investigation and the police has filed the chargesheet, in this case. In such situation, the rejection of the application would be nothing, but, remanding the applicant to the judicial custody, before conclusion of the trial to undergo the sentence. 42.
When, the police is not claiming the custodial interrogation, then, this Court is of the view that the interim protection, granted to the applicant, is required to be made absolute. 19 2025:HHC:24265
43. Considering all these facts, the interim order dated 20.03.2025, passed by this Court, is hereby made absolute. Therefore, it is ordered that the applicant be released on bail, in the event of his arrest, in case FIR No.20 of 2025, dated 01.02.2025, registered, under Sections 69, 204, 318(4) of the BNS, on his furnishing personal bond, in the sum of 5 ₹ 0,000/, with one surety of the like amount, to the satisfaction of the Investigating Officer. This order, however, shall be 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 him/her from disclosing such facts to the Investigating Officer or the Court; and d) That the applicant 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. 44. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the
20 2025:HHC:24265 merits of the case, as these observations, are confined, only, to the disposal of the present applications. 45. It is made clear that the respondentState is at liberty to move an appropriate application, in case, any of the bail conditions, is found violated by any of the applicants. Record be returned to the quarter concerned. ( Virender Singh ) Judge July 25, 2025 (ps)