BITTU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been moved by the petitioners under Section 438 of the Code of Criminal Procedure for releasing them on bail, in the event of their arrest, in case FIR No.63 of 2019, dated 16.04.2019, under Sections 379 IPC read with Section 34 Whether reporters of Local Papers may be allowed to see the judgment? Yes. IPC and Sections 32 and 33 of Indian Forest Act, registered in Police Station Theog, District Shimla, H.P.

(2.) As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present . case. They are residents of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so they may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 16.04.2019, police received a complaint from Ms. Jyoti, Forest Guard, Sandhu Beat, through Forest Range Officer, Theog. It was contended in the complaint that on 15.04.2019 at about 04:00 p.m. Ms. Jyoti and another Forest Guard Sh. Amit Dharma were patrolling at Majhogra, near a nallah, they heard the noise of cutting of wood. The Forest Guards were accompanied by some local people and they saw the petitioners illegally cutting the forest wood. The petitioners managed to escape from the spot. The Forest Guards found two mobile phones on the spot, which were taken into possession. The Forest Wood was taken into possession and other codal formalities were completed. On the basis of the complaint, police registered a case and investigation ensued. Police visited the spot and prepared the spot map. The spot was also photographed. Police took into possession the forest wood and also the mobile phones. The statements of the witnesses were recorded under Section 161 Cr.P.C. As per the police, the petitioners are evading their arrest. On 05.05.2019 the petitioner joined the investigation. Police made recoveries at the instance of the petitioners. As per the police, investigation in the case is still going on. Lastly, the prosecution has prayed that the petitioners were found involved in a . serious offence and they also tried to evade their arrest, so in case they are enlarged on bail, at this stage, they may tamper with the evidence and may also flee from justice, so the applications may be dismissed.