Krishan Kumar Vs State of Hp

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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

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Cr.MP(M) No.1802 of 2025 Reserved on:- 09.09.2025 Date of Decision: 16.09.2025 Krishan Kumar …Applicant

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Versus

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State of H.P. & Anr. …..Respondents Coram:

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The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?¹

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For the applicant	: Mr. Ajay Sharma, Advocate.
For the respondents	: Mr. Tejasvi Sharma, Additional Advocate General with Mr.
	Rohit Sharma and Ms. Ranjna Patial, Deputy Advocates General, for respondent No.1/State.
	Mr. Parv Sharma, Advocate, for the complainant.

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Virender Singh, Judge

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Applicant-Krishan Kumar, apprehending his arrest, arising out of FIR No.126 of 2025, dated 22.07.2025, registered under Sections 316(2), 316(5), 318(4), 336(2), 336(3), 340(2) & 61(2)b, of the Bharatiya Nyaya Sanhita, (hereinafter referred to as the BNS), with Police Station, Boileauganj, District Shimla, H.P. , has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the BNSS).

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1 Whether reporters of Local Papers may be allowed to see the judgment?

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By way of the present application, indulgence of this Court has been sought, by the applicant, to direct the IO/Police of Police Station, Boileauganj, District Shimla, H.P., to release him on bail, in the event of his arrest, in the above mentioned FIR.

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According to the applicant, he is innocent person and has falsely been implicated, in the present case.

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The investigation in the present case is stated to be completed and according to him, he (applicant) was having Power of Attorney on behalf of the complainant and the complainant had duly executed his affidavit on 20.04.2024, stating therein, that the said Power of Attorney is valid, subsisting and has not been withdrawn.

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According to the applicant, he has deep roots in the society.

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On all these facts, Mr. Ajay Sharma, Advocate, has given certain undertakings, on behalf of the applicant, for which, he is ready to abide by, in case, any direction is issued under Section 482 of BNSS.

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On the basis of the above facts, a prayer has been made to allow the application.

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When put to notice, the police filed the status report, on 29.07.2025, disclosing therein, that on 22.07.2025, one Prakash Sharma son of Ishwar Dass, resident of Clustan P/o GPO Shimla has produced the complaint of Bawa Jang Bahadur, in which, it has been pleaded that action be taken against Pankaj Chauhan, Advocate and others, for criminal breach of trust, cheating, forgery, criminal conspiracy and other offences, on the ground that Mr. Pankaj Chauhan, Advocate, in collusion with Krishan Kumar (applicant), Mr. Jai Gopal and Ms. Muskan serving as Clerk in the office of Advocate Chambers, Society, Chakkar, Shimla. The complaint, is reproduced as under:-

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“I am an elderly person with severely weakened health, especially since the COVID19 years, which has left me largely immobile and mentally feeble. Around 2010, given my age and physical limitations, I had engaged Mr Pankaj Chauhan, Advocate, to handle my cases Because of his professional status as my lawyer, I placed utmost faith and trust in him, creating a fiduciary relationship. Exploiting this position of trust and fully aware of my frailty, Mr Pankaj Chauhan orchestrated a criminal conspiracy by fraudulently manufacturing a forged and fabricated General Power of Attorney (GPA) dated 20th

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day of October, 2015, which falsely purports to bear my signature as "Executant/Donor' and appoints Mr. Krishan Kumar as Donne I solemnly affirm that I never signed, executed or authorised this GPA, nor did I ever intend to confer such sweeping powers to any person. This forged GPA was registered without my knowledge, violating my consent and free will, and amounts to creation of a false document. This false GPA was then criminally used to execute two registered sale deeds dated 7th day of February, 2024 and 22nd day of April, 2024, transferring two of my properties to Mr Jai Gopal, who I later came to know is closely connected to Mr Pankaj Chauhan, and is also in the transport business, just like Mr Chauhan, who operates buses in name of his wife or brother. The entire sale transaction was done behind my back, and I only later discovered its existence. Though the total consideration shown in the documents is substantial, only Rs 11,50,000/- was ever deposited into my State Bank of India account (Account No. 10836073485), of which I had no knowledge at the time and the said amount was got encashed by Mr Chauhan by taking my signature in the blank signed cheques. I also perused the GPA there I found that even the signatures of sub registrar are forged in second, third and last leaves of said GPA.

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Moreover, the GPA that I have procured from the registering authority there are five fingers impression, whereas, in the power of attorney that was attached with the sale deed there are four fingers impression and similarly a difference in others. Moreover, in the GPA there is clear wording that it was not for the purpose of land transaction. Mr. Pankaj Chauhan deceitfully forwarded the mobile No. of his wife Smt. Kalpana Chauhan to the bank. This was a deliberate attack to get information of all the details of deposits in my account which amounts to cheating and criminal breach of trust. Except a few occasions, almost all the times, the cheques got encashed either by Mr Pankaj Chauhan or Krishan Kumar. Mr Krishan Kumar, the purported Donne under the forged GPA, is privately employed in Mr. Chauhan's office which is situated within my own property (Bawa Building). He also resides in two rooms there and acts as a commission agent for Mr Chauhan as he takes cares of his buses, indicating his full knowledge and participation in this conspiracy. My inquiries further revealed that the conspiracy extended beyond property. In his capacity as Chairman of the Advocate Chamber Society, Mr Pankaj Chauhan exercised influence over employees, including Ms Muskan, who misappropriated

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two cheques from my above bank account, illegally withdrawing Rs 13,000/-on 27^th day of May, 2025 and Rs 15,000/- on 27^th day of June, 2025 without any authority or consent from me, thus committing, further dishonest misappropriation and criminal breach of trust. Worse still, around early 2020, during the COVID-19 years, when I was admitted to Ripon Hospital by Mr Pankaj Chauhan and Mr Krishan Kumar, I was post discharge administered certain injections by Krishan Kumar. Ever since, my health has deteriorated severely, restricting my movements and further disabling me from discovering and questioning the fraud-an act that may attract severe offence upon medical investigation. The entire sequence of events reflects a carefully planned criminal conspiracy executed by persons in position of trust, aimed at defrauding me of property and funds, while I was incapacitated due to age and health. In light of the above, I humbly request you to kindly register an FIR against Mr Pankaj Chauhan, Mr Krishan Kumar, Mr Jai Gopal and Ms Muskan, under the aforesaid sections of law and conduct a fair, proper and thorough investigation to bring them to justice and secure my properties and rights. I am enclosing copies of the forged GPA, sale

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deeds and other supporting documents for your perusal.

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8.1. On the basis of the above facts, police registered the above noted FIR and criminal machinery swung into motion.

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8.2. During investigation, the record of the Sale Deed No.180 of 2024, dated 22.04.2024 and Sale Deed No.63 of 2024, dated 07.02.2024 and GPA was requested to be provided by making the request to Tehsildar, Shimla, from where, the record has not yet been deposited. The bank statement of Bawa Jang Bahadur from State Bank of India, Branch, Kalibari, Shimla has also been requested.

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8.3. As per the said status report, Pankaj Chauhan has also filed the application before the Court of learned Sessions Judge, Shimla and the case is stated to be listed for 01.08.2025.

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8.4. The investigation, in the case, is stated to be at the initial stage and according to the police, in case, any protection is granted to the applicant, he may coerce the complainant and may also hamper the investigation.

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8.5. After perusing the said status report, interim protection was granted to the applicant and matter has been adjourned for 05.08.2025.

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8.6. On 05.08.2025, the police has filed the supplementary status report disclosing therein, that the statement of Bawa Jang Bahadur was recorded under Section 180 of BNSS, who has disclosed that when, he had obtained the papers of his building, then, he came to know about the fact that the GPA of building, bearing Khasra No.387 of 2015 was prepared in the name of Krishan Kumar son of Chatru Ram (applicant) on 26.10.2015, whereas, he has neither got prepared the same, nor, put his signatures over the GPA and on the basis of the said GPA, land measuring 630 yards, bearing Khasra No.69/122 and the building constructed over Khasra No.3/56 was sold by Pankaj Chauhan and Krishan Kumar, vide Sale Deed No.180 of 2024, dated 22.04.2024 and Sale Deed No.63 of 2024, dated 07.02.2024. According to him, he has neither signed, nor, participated in the proceedings before Tehsil Office, regarding GPA or sale deed. He has not received the amount of the said sale deed, he is having the account with State Bank of India, Branch, Kalibari, Shimla.

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8.7. Lastly, he has further got recorded that Pankaj Chauhan in connivance with Muskan, has got withdrawn a sum of Rs.13,000/- and Rs.15,000/- on 27.05.2025, through cheques. It has also been alleged by Bawa Jang Bahadur that Krishan Kumar (applicant) Pankaj Chauhan, Jai Gopal and Muskan hatched a conspiracy and deprived him from his property and committed a bank fraud by withdrawing the amount through cheques without his permission. Pankaj Kumar and Krishan Kumar, in connivance with each other, got prepared the GPA, in the year 2015 and on the basis of the GPA, two buildings were sold to Jai Gopal.

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8.8. As per the status report, which has been filed on 11.08.2025, a stand has been taken that the record from Tehsil Office, Shimla, qua Sale Deed No.180 of 2024, dated 22.04.2024 and Sale deed No.63 of 2024 dated 07.02.2024 and record of GPA has been received. The statement of account from State Bank of India, Branch Kalibari, Shimla, has also been received on 30.07.2025.

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8.9. It is the further case of the police that on 10.08.2025 Krishan Kumar (applicant) was associated in the investigation, but, he is not revealing anything.

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8.10. It has also been mentioned that the accused persons have revealed, during the investigation, that on the basis of the GPA, Bawa Jang Bahadur had won number of cases and record from the Court, as well as, State Bank of India, is yet to be obtained.

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8.11. As per the status report, which has been filed on 19.08.2025, as per the record obtained from the department, GPA No.387 of 2015, dated 26.10.2015 was executed in the name of Krishan Kumar, Pankaj Chauhan and Yashpal Mehta put their signatures as witnesses and Hardev Singh had identified the executant. Statements of Bal Krishan Verma, Naib Tehsildar, Hardev Singh, Yash Metha and Beli Ram were recorded, who have disclosed that GPA was got prepared by Bawa Jang Bahadur in Tehsil Office and their photographs were clicked in the Tehsil office.

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8.12. Lastly, it has been pleaded that the attested copies of GPA was obtained and specimen signatures of Pankaj Chauhan and Krishan Kumar are to be obtained for being compared with signatures over GPA from SFSL Junga.

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8.13. As per the status report, which has been filed on 23.08.2025, a stand has been taken that bank was requested to provide the information about the fact that from the year

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2015, how many cheque books were issued in favour of Bawa Jang Bahadur. The statements of the bank accounts of accused persons were obtained to inquire into the fact that after selling the land, the money, which was allegedly received by them, the same was got transferred in the name of Krishan Kumar (applicant) or not.

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8.14. In this case, the complainant has also filed the objections on the ground that the certified copy of the GPA annexed and marked as Annexure R-1, which according to the objector has been obtained from the office of Sub Registrar, materially differs from the GPA produced by the applicant as Annexure P-1. These facts has been pleaded to substantiate that the applicant has approached to the Court with soiled hands.

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8.15. Relying upon the affidavit of the applicant dated 20.04.2024, it has been pleaded in the objection that the same was executed after the first fraudulent sale deed and before the second sale deed, and the same was designed retrospectively.

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8.16. It is the further case that co-accused Muskan has unauthorizedly withdraw a sum of Rs.13,000-/ and Rs.15,000/without any mandate. The complainant has also apprehended

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that applicant is residing in his premises and he is in close association with co-accused and he could create a risk to the life of the complainant and may also influence the witnesses.

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On the basis of the above facts, a prayer has been made to dismiss the application.

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In this case, the investigation in the present case, is almost complete and the role, which has been attributed to the applicant for the commission of the alleged crime, would be proved, during the trial.

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The police is not able to make out a case for custodial interrogation, in the present case. The case of the prosecution is mainly based upon the documentary evidence, which is already in the possession of the police.

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Applicant is permanent resident of District Chamba, as such, it cannot be apprehended that in case, he is ordered to be released on bail, he may not be available for trial.

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Moreover, at the time of deciding the bail application, detailed discussion about the merits and demerits of the case of the prosecution should be avoided, as, the same would cause prejudice to the case of the prosecution, as well as, the case of the applicant.

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Except the present case, no other case is stated to have been registered against the applicant. As such, presumption of innocence is still available in favour of the applicant.

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Considering all these facts, interim order, dated 29.07.2025 passed in the application, is made absolute and the applicant is ordered to be released on bail, in case, arising out of FIR No.126 of 2025, dated 22.07.2025, registered under Sections 316(2), 316(5), 318(4), 336(2), 336(3), 340(2) & 61(2)b, of BNS, with Police Station, Boileauganj, District

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Shimla, H.P ., subject to his furnishing personal bond, in the sum of Rs.50,000/- with one surety, in the like amount to the satisfaction of the Investigating Officer.

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This order, however, shall be subject to the following conditions:-

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a) The applicant shall appear before the IO, as and when, directed by the IO to do so 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 the appropriate applications;

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b) That the applicant will not leave India, without prior permission of the Court;

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c) That the applicant will not directly or indirectly, make any inducement, threat or promise to any

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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

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d) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.

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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.

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It is made clear that the respondent-State is at liberty to move appropriate application, in case, any of the bail conditions is found violated by any of the applicant.

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(Virender Singh) Judge

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September 16, 2025 (subhash)

Krishan Kumar v. State of Hp

Case brief

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Krishan Kumar v. State of Hp

Case brief

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