1 2025:HHC:23023 2025:HHC:23023 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 1470 of 2025 Reserved on : 8.7.2025 Decided on : 17.7.2025 Sushil Kumar …Applicant Versus State of H.P. …Respondent ___________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Applicant in person with Mr. N.K. Thakur, Senior Advocate, assisted by Ms. Ritu Singh and Mr. Karan Veer Singh, Advocates. For the Respondent : Mr. Anup Rattan, Advocate General with Mr. Rohit Sharma, Deputy Advocate General. Virender Singh, Judge Applicant Sushil Kumar has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No. 81 of 2025, dated 14.6.2025, registered 2 2025:HHC:23023 under Sections 303 (2) and 3(5) of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS”), and Sections 41 and 42 of the Indian Forest Act, with Police Station, Damtal, District Kangra, H.P. 2. By way of the present application, the applicant has sought the indulgence of this Court to direct the Investigating Officer/Police, to release him on bail, in the event of his arrest, in the above-mentioned case, as, he is apprehending his arrest, in the said case. 3. According to the applicant, he is innocent person and has been falsely been implicated in the present case, as he has no role to play in the alleged crime. 4. In order to demonstrate that he has falsely been impleaded in the present case, it has been pleaded that the applicant has falsely been implicated in ten similar kind of cases and he has been acquitted in all the ten cases. Re-asserting his previous history, it has been pleaded on behalf of the applicant that due to 3 2025:HHC:23023 registration of aforesaid ten cases, he has also been roped, in the present case also. 5. It is the further case of the applicant that he was neither present at the spot, nor anything was recovered by the Police, connecting him, with the crime in question. 6. On the basis of above facts, Mr. N.K. Thakur, Senior Advocate, assisted by Ms. Ritu Singh and Mr. Karan Veer Singh, Advocates, has given certain undertakings, on behalf of the applicant, for which, he is ready to abide by, in case, directions are issued to the Police/I.O., under Section 482 of the BNSS. 7. On the basis of above, on 24.6.2025, the respondent-State was directed to file the status report. 8. In the status report, a stand has been taken that on 14.6.2025, ASI Raj Singh, alongwith other police officials, on the basis of information of Forest Guard, Vikramjit Singh, reached at Ghodan forest, where, Forest Guard Vikramjit Singh made a statement, under Section 4 2025:HHC:23023 173 of the BNSS, before ASI Raj Singh, disclosing therein that he is the Forest Guard of Mangwal Forest Beat, and at the relevant time, he is having additional charge of Ghodan Forest Beat. 8.1 According to him, on 14.6.2025, he alongwith Forest Guard Sahil Singh and Anuj Riyal, in their vehicle, was on patrolling duty in Ghodan forest. While conducting patrolling, when, they reached at Ghodan forest near Bhojpur, then, at about 4:30/5:00 a.m. they noticed a pick-up on the katcha road, in which, wooden scants were being loaded. 3-4 persons were noticed in the vehicle. 8.2 However, on seeing the vehicle of the complainant, 2-3 persons alighted down from the vehicle and fled away towards the forest. However, one person was nabbed. On inquiry, said nabbed person disclosed his name as Jiwan Kumar, S/o Mohinder Lal. Registration of the vehicle was found to be JK08D-9120. On inquiry, said Jiwan Kumar disclosed that he is owner of the vehicle. The 5 2025:HHC:23023 alleged scants were found to be of khair trees. On counting, the same were found to be 54 in number, out of which, 46 scants were found to be in the vehicle, whereas 8 scants were found lying on the road. 8.3 On further inquiry, Jiwan Kumar has disclosed that he was directed by Sushil Kumar, S/o Govind Singh (applicant) to carry those scants. Thereafter, he, alongwith his friends, loaded the same in the vehicle. When, the forest team reached there, said Sushil Kumar (applicant), alongwith his friends, have fled away from the spot. 13 khair trees were found to have been cut on the spot and estimated value of the same was assessed at Rs. 3,00,000/-. 8.4 Thereafter, the complainant informed the Police of Police Station, Damtal, telephonically regarding the aforesaid fact. 8.5. On the basis of above facts, Police registered the FIR in question and criminal machinery swung into motion. 6 2025:HHC:23023 8.6 Thereafter, the investigation was conducted by ASI Raj Singh. During investigation, Forest Guard Vikramjit Singh, as per seizure memo, handed over 54 scants of khair tree, driver of the vehicle Jiwan Kumar, alongwith the vehicle and keys, to the Police. Thereafter, 54 scants of khair tree, were handed over to complainant, on Spurdari. 8.7 Thereafter, accused Jiwan Kumar was arrested on 3:00 a.m. and was produced before the JMFC, Indora, District Kangra, H.P., from where, he was remanded to Police custody. 8.8 During investigation, accused Jiwan Kumar has disclosed that about two months prior to the incident, he had met accused Sushil Kumar (applicant) at Pathankot, who had disclosed that he is dealing in khair trees and in order to purchase the khair trees, he has to go to Hoshiarpur, as such, vehicle is required. Since, accused Jiwan Singh had purchased the vehicle, on installments, for which, he used to pay Rs. 12,000/- per 7 2025:HHC:23023 month, as installment, as such, about 15-20 days ago, applicant Sushil Kumar was requested to transport the khair wood in his vehicle, and fare for the same was fixed @ Rs. 8000/- per round, for transporting the khair wood to Hoshiarpur. 8.9 On the basis of said revelations, the Police found involvement of applicant Sushil Kumar. 8.10 As per the Police, following cases are found to have been registered, against the applicant, details of which are, as under: i) FIR No. 184/2006, dated 8.6.2006, under Sections 379 and 34 IPC and Sections 32, 33, 41, 42 of the Indian Forest Act, P.S. Indora; ii) FIR No. 306/2008, dated 13.11.2008, under Sections 379, 34 IPC and Sections 41 and 42 of the Indian Forest Act, P.S. Indora; iii) FIR No. 180/2010, dated 22.5.2010, under Section 379 of IPC and Sections 32 and 33 of Indian Forest Act, P.S. Indora; iv)FIR No. 392/2010, dated 20.11.2010, under Sections 379 of IPC and Sections 32, 33, 41, 42 of the Indian Forest Act, P.S. Indora; v) Case FIR No. 178/2011, dated 14.5.2011, u/s 379 and 34 IPC and Sections 32, 33, 41, 42 of the Indian Forest Act, P.S. Indora; vi) Case FIR No. 08/2022, dated 3.1.2022, 379 and 34 IPC and Sections 41, 42 of the Indian Forest Act, P.S. Damtal; 8 2025:HHC:23023 vii) Case FIR No. 232/12, under Sections 379, 34 IPC and Sections 41 and 42 of IF Act, P.S. Indora; viii) Case FIR No. 306/2008, u/s 379, 34 IPC, and 41 and 42 IF Act, P.S. Nurpur. 9. Faced with the said factual position, with regard to registration of eight cases, learned senior Counsel, appearing for the applicant has stated that the applicant has been acquitted in all these cases. Consequently, Superintendent of Police, Police District, Nurpur, District Kangra, H.P. was directed to explain his position regarding this fact and the interim protection was granted to the applicant. 9.1 In the subsequent status report, it has been mentioned that the applicant has been convicted in case FIR No. 184/2006, dated 8.6.2006, under Sections 379, 34 IPC and Sections 32, 33, 41 and 42 of IF Act, and fine of Rs. 500/- has been imposed upon him, whereas, two cases, i.e. FIR No. 232 of 2012, under Sections 379 and 34 IPC and Sections 41 and 42 of the IF Act and FIR No. 8 of 2022, dated 3.1.2022, under Sections 379 and 34 IPC, and Sections 41 and 42 of the IF Act, registered 9 2025:HHC:23023 with Police Station, Indora, are stated to be pending adjudication. 9.2 In the subsequent status report, a stand has been taken by the Police that nothing is to be recovered from the applicant, nor he is to be inquired, in this case. 10. On the basis of above facts, a prayer has been made to dismiss the application. 11. In this case, although, applicant is stated to have been convicted in one of the aforesaid cases and he was directed to pay a fine of Rs. 500/- by the learned Addl. Chief Judicial Magistrate, Nurpur, District Kangra, H.P., and two other cases are stated to be pending adjudication, this Court is of the view that merely on that ground, relief, for which, the applicant is otherwise entitled to, cannot be declined to him, as his name has allegedly been disclosed by accused Jiwan Kumar, who was nabbed at the spot. The involvement of the applicant, in the alleged crime, will be proved during trial. Moreover, at this stage, discussions on the legality 10 2025:HHC:23023 of the said disclosure statement/revelations, would cause prejudice to the prosecution, as well as, to the case of the accused. 12. Considering the specific stand of the prosecution that nothing is to be recovered from the applicant, nor anything is to be inquired from him, this Court is of the view that interim order dated 24.6.2025 is liable to be made absolute. 13. Considering all these facts, the interim order dated 24.6.2025, passed by this Court, is hereby made absolute. Therefore, it is ordered that the applicant be released on bail, in the event of his arrest, in case FIR No. 81 of 2025, dated 14.6.2025, registered with Police Station, Damtal, District Kangra, under Sections 303 (2) and 3(5) of the BNS and Sections 41 and 42 of the Indian Forest Act, on his furnishing personal bond, in the sum of 5 ₹ 0,000/-, with one surety of the like amount, to the satisfaction of the Investigating Officer. 11 2025:HHC:23023 This order, however, shall be subject to the following conditions : a) That the applicant will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law; b) That the applicant will not leave India, without prior permission of the Court; c) That the applicant will not, directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case, so as to dissuade him/her from disclosing such facts to the Investigating Officer or the Court; and d) That the applicant shall regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so seek exemption from appearance by filing appropriate application. 14. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present applications. 15. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found violated by the applicant. (Virender Singh) Judge July 17, 2025 Kalpana 12 2025:HHC:23023