RANJEET SINGH KASHYAP Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case registered vide FIR No. 14 of 2022, dtd. 14/1/2022, at Police Station, Sadar, District Bilaspur, H.P. under Ss. 379 read with Sec. 34 IPC and Ss. 41 and 42 of the Indian Forest Act.

(2.) Petitioner has approached this Court for grant of pre-arrest bail under Sec. 438 Cr.P.C. in the above noted case, on the grounds that he is innocent and has been falsely implicated in the case. There is no direct or indirect evidence connecting the petitioner with the alleged crime. He is permanent resident of Village and Post Office Dhanipakhar, Tehsil Jhandutta, District Bilaspur, H.P. and belongs to a respectable family. The investigation of the case is already complete. Nothing is required to be recovered from the petitioner. The custodial interrogation of the petitioner is not required. The other co-accused has already been released on bail. He has undertaken not to make any inducement, threat or promise to any person acquainted with the facts of the case and also not to tamper with the prosecution evidence.

(3.) In response, the status report has been filed. It is stated that on 14/1/2022 at about 12.30 a.m., truck bearing registration No. HP-69A-5152 was apprehended by the police party at place Chehari Mod on National Highway 205 and total 249 logs of Khair Wood having volume 5.438 cubic meters were recovered. The truck was being driven by Sushil Kumar S/o Sh. Rattan Chand, who produced certain documents which included the pass No.41/2021-22, issued by the DFO, Bilaspur on 11/1/2022 having validity till 13/1/2022. The driver Sushil Kumar was arrested and has been subsequently released on bail by learned Chief Judicial Magistrate, Bilaspur on 17/1/2022. As per respondent, the pass and other documents produced by driver Sushil Kumar, were in the name of M/s Ranjeet Singh, Contractor. Petitioner also joined the investigation, who also produced certain documents. All such documents have been sent to the office of DFO, Bilaspur for verification. The investigation is still stated to be continuing.