Vishav Arora vs State Of Himachal Pradesh

Virender Singh, J

Applicant­Vishav Arora, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as the 'BNSS'), seeking the relief of bail, during the pendency of the trial, arising out of FIR No.155/2025, dated 01st August, 2025, registered with Police Station, Nurpur, District Kangra, H.P., under Sections 318(4), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’).

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

As per the applicant, he has nothing to do with the crime, in question, and has wrongly been arrested by the police. He has no dealing with the complainant and even does not know the complainant.

It is the further case of the applicant that he has been arrested on the basis of the suspicion, as he has nothing to do with the crime in question.

Apart from this, the applicant has pleaded that he is a law abiding citizen and having deep roots in the society.

The applicant, earlier has tried his luck, by moving similar application, before the Court of learned ACJM, Nurpur, which was dismissed on 01.09.2025. Thereafter, the applicant has filed application before the Court of learned Additional Sessions Judge, Nurpur, District Kangra, H.P., however, the said application was dismissed on 10.10.2025.

As per the applicant, investigation in the present case is complete and no useful purpose would be served by keeping him, in the judicial custody.

Apart from this, Mr. Varun Chauhan, learned counsel appearing on behalf of the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released, on bail, during the pendency of the trial.

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

When put to notice, police has filed the status report, disclosing therein, that on 05.07.2025, Suraj Prakash Mahajan, made a complaint to the police mentioning therein, that he is resident of the address as mentioned in the complaint and is running whole sale business, in the name and style of C.P. Medicine, Jasoor. On 10.02.2025, one person, namely Mridul has contacted him and introduced himself as ASM of Pfizer India Ltd. Company.

10.1. Said Mridul has given offer to the complainant to be the stockist of Pfizer Company. The complainant has accepted the said offer and completed the formalities and submitted the copies of the relevant documents to said Mridul.

10.2. On 14.02.2025, Mridul has introduced Vishav Arora, as the owner of M/s Prime Enterprises Firm and asked him to deposit the entire amount, into the account of Vishav Arora. Consequently, on and w.e.f. 14.02.2025 to 16.05.2025, the complainant has deposited a sum of Rs.43,00,000/­ in the account of Vishav Arora, No.39779172806, maintained with State Bank of India, Amritsar Branch.

10.3. Mridul and Vishav Arora, remained in touch with him on phone. On 30.05.2025, when, the complainant had discussed with them, then, they had assured them that all the formalities of the company have been completed and stock of the medicines would reach to him on 15.06.2025.

10.4. On 15.06.2025, when, the complainant did not get the stock, then, he has contacted Mridul on phone, who has stated that consignment will reach Mridul on phone, who has stated that due to some technical issue, consignment will reach within 8­10 days. Meanwhile, Mridul has forwarded the bills of Prime Enterprises, through Whatsapp.

10.5. On 25.06.2025, when the complainant did not receive the consignment, then, he again called Mridul, but, his phone was found to be switched off and the complainant has called Vishav Arora and inquired about the delivery of the consignment. Vishav Arora refused from his commitment and threatened the complainant that neither the complainant will get the consignment, nor, will get payment, whatever he wants to do, he can do.

10.6. Thereafter, the mobile phone of Mridul was found switched off till date and Vishav Arora, has stopped attending his calls. The complainant has prayed that action be taken against the above persons.

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

It is the further case of the police that when the matter was inquired from the complainant, it was found that complainant Suraj Prakash Mahajan, has deposited a sum of Rs.43,00,000/­ and they had got deposited the said amount after defrauding him, as, they have never fulfilled their demand to make him stockist, despite receiving the amount of Rs.43,00,000/­.

Initially, investigation was conducted by SI Sunil Kumar. Statement of Bank account No. 3372002100063742, maintained with Punjab National Bank, as well as, Bank account of Vishav Arora (applicant), were obtained. It was found that in the months of February, March, April and May, 2025 from the account of complainant in the account of Vishav Arora (applicant), an amount of Rs.43,00,000/­ was transferred, through NEFT and Vishav Arora (applicant), further transferred this amount to the account of Mridul Pasan.

The receipts, by virtue of which, the amount was transferred, were also taken into possession. Statements of witnesses were recorded. On 28.08.2025, Vishav Arora (applicant) was detained and was brought to Police Station, Nurpur and was arrested on that day. He was medico­legally examined and was produced before the Court, from where, he was remanded to the police custody till 1.09.2025.

During investigation, it has been found that the accused persons had got issued the bills of M/s Prime Pharmaceuticals Enterprises Dilbag Nagar Amritsar. However, the said Firm has not issued the said bill, as such the bills were also found to be forged. The said bills were got prepared by both the accused.

During investigation, it was found that accused Mridul Pasan has been found to be arrested, in a case registered with Cyber Crime Police Station, Palampur, Haryana and he was in judicial custody till 19.09.2025, as such, production warrants were obtained and his custody were transferred, in the present case, and was arrested, in this case.

The investigation, in the present case, is complete and the charge­sheet has been filed in the Court of learned Additional Chief Judicial Maginstrate, Nurpur. Lastly, it has been apprehended that in case, the applicant is released on bail, he will not be available for the trial and may also coerce the witnesses.

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

Investigation, qua the applicant, in the present case, is complete and the applicant is in judicial custody. This fact demonstrates that his custodial interrogation is not required.

The role, attributed to the applicant, in the commission of the alleged crime, will be proved during the trial.

Moreover, the chances of commencement and conclusion of trial, against the applicant, in near future, are not so bright, as such, no useful purpose would be served by keeping him, in judicial custody, that too, for indefinite period.

Even otherwise, the bail application cannot be rejected, as a matter of punishment, as, pre­trial punishment is prohibited under the law and punishment can only be imposed, after the full fledged trial, by competent Court of law. Moreover, a person is presumed to be innocent until proven guilty, after the trial.

So far as the apprehensions, which have been expressed, by the Police, in the status report, are concerned, for those apprehensions, reasonable conditions can be imposed, in case, the applicant is ordered to be released on bail, during the pendency of the trial.

Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed.

Consequently, the applicant is ordered to be released on bail in case FIR No.155 of 2025, dated 01.08.2025, registered under Sections 318(4), 61(2), and 3(5) of the BNS with Police Station Nurpur, District Kangra, H.P., on his furnishing personal bonds, in the sum of ₹ 50,000/­, with one sureties of the like amount, to the satisfaction of the learned trial Court.

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

a) 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 the appropriate application;

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

c) The applicant shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer; and

d) The applicant shall not leave the territory of India without the prior permission of the Court.

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.

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

The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Sub Jail, Nurpur, Himachal Pradesh, through e­mail, with a direction to enter the date of grant of bail in the e­prison software.

In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Sub Jail, Nurpur, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Kangra. The Superintendent of Jail, Sub Jail, Nurpur, Himachal Pradesh, is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court.