BALWINDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in F.I.R No. 28/25, dtd. 8/9/2025, registered at Police Station, Sansarpur Terrace, District Kangra, H.P., for the commission of offences punishable under Sec. 303(2) of Bhartiya Nyaya Sanhita, 2003 (BNS) and Ss. 41 and 42 of the Indian Forest Act.

(2.) It has been asserted that, as per the prosecution, the informant Yudhvir found 14 trees of different species to have been cut by some person on 23/8/2025. The police registered the FIR and investigated the matter. The police arrested the petitioner and the co-accused. There is no material against the petitioner. The learned Magistrate granted bail to the co- accused. The majority of 28-29 cases registered against the petitioner have been decided in his favour. The investigation is complete. The petitioner is in judicial custody. No fruitful purpose would be served by detaining the petitioner in custody. The petitioner would abide by the terms and conditions that the Court may impose. Hence, the petition.

(3.) The petition is opposed by filing a status report asserting that the informant, Yudhvir, found 14 Khair trees to have been cut in UPF Jakhuni West. Out of 14 Khair trees 09 scants were taken by the accused and 5 scants were lying on the spot. The police registered the FIR and checked the CCTV footage. A Bolero Neo, bearing registration No. HP-88A-2879 and a Tempo 407 bearing registration No. PB07W1288 were found to be going towards the spot on the intervening night of 23/8/2025 and 24/8/2025 at about 1:00 AM. These vehicles returned at about 3:50 AM. The police checked the mobile data and found that Mobile No XXXX333 issued in the name of Anil Kumar and Mobile No xxxx204 issued in the name of Balwinder were in touch with each other. The police apprehended Balwinder @ Bunty, who revealed that he and other persons had cut the trees and taken the wood in the vehicles. The police arrested the other persons and recovered the vehicles. Balwinder made a disclosure statement leading to the recovery of two saws. The other co-accused also made a disclosure statement. The charge sheet was filed before the Court on 17/11/2025 after the completion of the investigation. Om Parkash, Rohit and Yadvender are yet to be arrested. The report from RFSL Mandi is awaited. 30 FIR's were registered against the petitioner, out of which 8 are pending before the Court. Hence, the status report.