SANTOSH Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking pre-arrest bail in FIR No. 127 of 2025, dtd. 12/9/2025, registered at Police Station Dhalli, District Shimla, H.P., for the commission of an offence punishable under Sec. 318 of Bhartiya Nyaya Sanhita, 2023 (BNS) corresponding to Sec. 420 of IPC.

(2.) It has been asserted that the petitioner was falsely implicated in the aforesaid FIR. She belongs to the scheduled caste category and has passed the 5th class. Her husband expired on 7/3/2016. She applied for a house under the Homeless Scheme of Ashiana-II on 17/5/2017 and the house was allotted to her. Her previous house was in a dilapidated condition. A Below Poverty Line (BPL) Certificate was also annexed, which was prepared before the death of the petitioner's husband. It was reissued on 15/12/2017 without the petitione 's consent. The petitioner had never applied for reiss ance of the certificate. A complaint was filed by Richa Sharma against the petitioner, asserting that the petitioner had obtained the house by submitting false documents. The petitioner had earlier applied for pre-arrest bail, but the application was dismissed by the learned Additional Sessions Judge. Hence, the present petition.

(3.) Copy of FIR (Annexure P-6) shows that the house was allotted to the petitioner, but subsequently an inquiry was conducted, which revealed that the petitioner was a permanent Government servant and had produced a false BPL Certificate. A notice was served upon her to vacate the house, but she failed to vacate it. The police registered the FIR and investigated the matter.