RAJINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 438 of the Code of Criminal Procedure for releasing him on bail, in the event of his arrest, in case FIR No. 12 of 2017, dated 19.01.2017, under Section 379 of Indian Penal Code, 1860 (for short "IPC"), registered at Police Station Fatehpur, District Kangra, 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 is also not in a position to tamper with the prosecution evidence and to flee from justice, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 19.01.2017 Forest Guard Devinder Singh telephonically informed the police that on preceding night some persons were cutting the trees and they fled away from the spot. A scooty was parked there and in the morning the same remained parked there. A 'khair' tree was found to be cut and four logs of different size were also there. Logs alongwith scooty were ceased. Police investigated the matter and during investigation it was unearthed on 18.01.2017 the petitioner got his hand saw repaired from one Shri Sukhvinder Singh. Shri Sukhvinder Singh also identified the scooty of the petitioner. It was also unearthed that the petitioner asked for help to Reena Devi and told her that he went in the jungle to cut forest tree, however, forest people came there and he fled away and left his scooty parked there. Statement of Reena Devi was also recorded. The petitioner, a co-accused were arrested and one co-accused is yet to be arrested, as he is absconding. The petitioner did not joint the investigation till 26.03.2017. No recovery from the petitioner is to be affected.