ASHWANI KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Sec. 438 of the Code of Criminal Procedure for releasing him on bail, in the event of his arrest, in case FIR No. 195 of 2016, dated 21.12.2016, registered under Sections 379, 34 of Indian Penal Code, 1860 (for short "IPC") and Sections 32 and 33 of Indian Forest Act, registered at Police Station Bhunter, District Kullu, H.P.

(2.) As per the learned counsel for the petitioner, the petitioner is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so the petitioner may be released on bail.

(3.) Police report stands filed. As per the prosecution story, when on 18.12.2016 Forest Officials' Team was patrolling in 1/23 Masu Dimkri along with local person, namely, Shri Lal Chand, it came to their notice that the petitioner along with other co-accused has illegally felled two trees of 'deodar' (Cedrus deodara). As per the prosecution, nine logs of deodar trees, having volume of 0.633 m3, were recovered and rest of the timber had been misplaced by the petitioner and other co-accused. Thereafter, the matter was investigated and statements of the witnesses were also recorded. As per the prosecution, co-accused, Nes Ram, has been enlarged on bail by the learned Trial Court. During the course of investigation an axe and a saw have been taken into possession. As per the prosecution, the bail application of the petitioner has been dismissed by the learned Sessions Judge. Challan is yet to be presented in the Court. Lastly, the prosecution has prayed that the bail application of the petitioner may be dismissed.