TARA CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Tara Chand, has approached this Court in the instant proceedings filed under S.438 CrPC, for grant of pre-arrest bail in FIR No. 75, dated 10.5.2019 under S.379 Penal Code and Ss. 32 and 33 of the Indian Forest Act, registered at Police Station, Karsog, Mandi, Himachal Pradesh. Investigating Officer of the case namely ASI Sahab Singh has come present with the record. Mr. Sudhir Bhatnagar, learned Additional Advocate General has also placed on record status report prepared by the investigating agency on the basis of investigation carried out by it. Record perused and returned.

(2.) Close scrutiny of the record reveals that on 10.5.2019, complainant Shri Chatur Singh, Forest Guard, Beat Kotkosh, Forest Division Richhgi lodged a complaint with the Police Station Karsog alleging therein that on 8.5.2019, he alongwith officials of the Forest Department had gone to the Forest Beat D-234, where they found stump of a pine tree (Kail). Complainant further alleged that after inquiry from the locals, bail petitioner was found to have felled the tree, who admitted the same. On the basis of aforesaid complaint, a formal FIR, as detailed herein above, was registered against the bail petitioner.

(3.) Learned Additional Advocate General, on the instructions of the Investigating Officer, fairly stated that though pursuant to orders dated 13.5.2019 and 12.6.2019 passed by this Court, bail petitioner has joined the investigation but he is not disclosing names of his accomplices, who helped him in felling the tree from the forest. Learned Additional Advocate General further stated that since timber/log has not been recovered, Investigating Officer is finding it difficult to proceed further with the investigation.