BALWANT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The bail petitioner [Balwant Singh] has come up before this Court seeking pre-arrest bail, under Sec. 438 of the Code of Criminal Procedure [hereinafter referred to as 'Cr.P.C.'] originating from the FIR No.0027, dtd. 25/2/2023, registered under Sec. 447, 379 read with Sec. 34 of the Indian Penal Code [hereinafter referred to as 'IPC'] with Police Station Bhoranj, District Hamirpur [H.P.].

(2.) The case as set up by Mr. Mohit Thakur, learned counsel is that the false complaint was made by one Sh. Dharam Chand allegedly felling of trees from the Government land and the status of the said land is in dispute qua its ownership and possession also. It is also averred that the petitioner is a pensioner, suffering from heart ailment and is 76 years of age. It is also averred that the petitioner had never trespassed into the aforesaid land. The petitioner has given the undertaking in the bail application that the petitioner is ready to join the investigation and shall not tamper with the witnesses or the evidence in any manner. It is also averred that FIR No.0027, dtd. 25/2/2023, was registered about a year back and since then the petitioner has never been called or associated by the police authorities, for investigation into the said offences.

(3.) Upon issuance of notice on 13/2/2024 and the grant of interim bail, this Court directed the respondent to file the status report. Thereafter the matter was listed on 28/2/2024 when, the State Authorities have filed the status report dtd. 28/2/2024 on the instructions of SHO Bhoranj, District Hamirpur [H.P.] Thereafter the matter was again listed on 7/3/2024 when, another status report dtd. 7/3/2024 on the instructions of SHO Bhoranj, District Hamirpur [H.P.] was taken on record. The first status report dtd. 28/2/2024 and the second status report dtd. 7/3/2024 are pari materia containing similar averments.