CRM-M- IN 119 Mukul Vers The State o CORAM: Present: AARADHN 1. 08.02.202 Sections 32 of the Wild Ambala, ha 2. noticed her criminal la in the mor trees had Kurali. Im and he (c) -11330-2026 -1 IN THE HIGH COURT OF PUNJA CHANDIGA Versus State of Haryana AM: HON’BLE MS. JUSTICE AA Mr. Dhruv Gupta, Advocate fo Ms. Shweta Nahata, DAG, Ha **** ADHNA SAWHNEY, J. (Oral) Petitioner, who is an accus .2026, registered against him under S ons 32, 33, 51 of Indian Forest Act an e Wildlife (Protection) Act, 1927, at P , has filed the present petition for gr Relevant facts as emerging fr ed hereinbelow:- Anil Kumar, Forest Inspec al law in motion by filing a complain morning of 7.2.2026, he received ad been cut illegally from the for . Immediately thereafter, an inform (c) headed for the spot. Naka was 1- PUNJAB AND HARYANA AT DIGARH CRM-M-11330-2026 Date of Decision: 09.03.2026 …Petitioner. …Respondent. CE AARADHNA SAWHNEY. cate for the petitioner. G, Haryana. accused in case FIR No. 40 date nder Sections 303, 317(2) of BNS an Act and Sections 27, 29, 39(D), 50, 5 at Police Station Naraingarh, Distri for grant of anticipatory bail. ging from the documents on record b spector, Incharge, Kurali, set th plaint pointing therein that at abou ved an information that few ‘Khai e forest land, in the area of villag formation was sent to senior office was laid. The team noticed a temp .2026 dated NS and , 50, 51 District cord be et the bout 2 Khair’ illage fficers tempo GURBACHAN SINGH 2026.03.15 11:55 I attest to the accuracy and integrity of this document CRM-M- (make Asho middle of th seen stand 4153, who Kumar, res Yamuna Na accomplice Shahzad, Office, Na documents, away after complainan were involv to initiate a out that d suffered lo case vide F BNS and S 39(D), 50, Naraingarh grant of pr Sessions Ju the present 3. no criminal -11330-2026 -2 Ashoka Leyland) bearing registratio of the road. The vehicle was loade tanding nearby on a motorcycle be who introduced himself as Mukul ( , resident of Village Darpur, Polic a Nagar. The team noticed that the s plices to run away and was add , Abdul Sattar etc. He was appreh Naraingarh. While the official ents, taking undue advantage of the after pushing the forest guard. inant requested the police authoriti nvolved in the illegal cutting of the t ate appropriate proceedings agains at due to illegal acts of all the a d loss of Rs.7,80,000/-. On the basi ide FIR No. 40 dated 08.02.2026, nd Sections 32, 33, 51 of Indian 50, 51 of the Wildlife (Protectio garh, District Ambala. Apprehending his arrest, peti t of pre-arrest bail. The said applic ions Judge, Ambala vide order dated resent petition has been filed for grant Learned counsel for the petitio iminal antecedents, has been falsely im 2- ration No. HR-58B-2282 parked in th aded with Khair Wood. A person wa le bearing registration No. HR-04H ul (present petitioner), son of Anan Police Station Chhachhrauli, Distri the said Mukul was warning his oth addressing them as Rohit, Usma prehended and was brought to Rang ficials were busy in preparing th the commotion, aforesaid Mukul spe rd. Primarily with this backdr orities to catch hold of all those, wh the trees from the forest land, as als ainst them. Complainant also pointe he accused, Forest Department ha basis of the said complaint, a form 26, was registered u/s 303, 317(2) ian Forest Act and Sections 27, 2 ection) Act, 1927, at Police Statio t, petitioner moved an application fo application was dismissed by learne dated 20.2.2026. Aggrieved of whic grant of bail. petitioner contends that petitioner wi lsely implicated in the present case. N in the was 04H- Anand istrict other sman, Range g the l sped kdrop, e, who s also ointed nt has formal (2) of 7, 29, tation tion for learned which, ner with ase. No GURBACHAN SINGH 2026.03.15 11:55 I attest to the accuracy and integrity of this document CRM-M- recovery of prosecution land. Furt apparent fr registered i the custodi abiding citi by the IO. 4. bail, learne receiving in complainan at the site team notice 58B-2282 p Khair Woo bearing reg accomplice Wood was course of i (copy of w vehicle had Continuing petitioner w forest offic away. Tha -11330-2026 -3 ery of trees/wood was effected from cution that they had seen petitioner Further, the falsity of the case set rent from the fact that none of the ve tered in the name of petitioner. Recov ustodial interrogation of petitioner ng citizen, he is willing to join the inv e IO. Per contra, while opposing th learned State counsel during her brief ving information that trees had been c lainant, an officer in the Forest Depar e site along with the team. Barricade noticed a tempo (make Ashoka Leyla 2282 parked in the middle of the roa r Wood. Petitioner was also found ng registration No. HR-04H-4153 mplices to run away. Though the tem was loaded is registered in the nam se of investigation, it was noticed th y of which has been placed on recor le had since been sold by him to prese inuing further, learned State counse ioner was apprehended by the officials t office, Naraingarh, he after pushing . That apart, two of the accused have 3- from him, it being also not case of th tioner cutting the trees from the fore se set up against the petitioner is als the vehicles mentioned in the FIR a Recovery having already been effecte ioner is not needed, but being a la investigation as and when called fo sing the request for grant of pre-arre brief submissions, contends that aft been cut illegally from the forest lan Department acted promptly and reache rricades were set up on the road. Th Leyland) bearing registration No. HR he road. The vehicle was loaded wi und standing nearby on a motorcyc and was seen warning his oth the tempo in which illegally cut Kha e name of one Roshan, but during th iced that he had executed an affidav record) deposing therein that the sa present petitioner Mukul for Rs.8500 counsel contends that even after th ficials at the site and was brought to th ushing the forest guard was able to ru have been arrested, who disclosed th e of the e forest is also FIR are ffected, a law alled for arrest hat after est land, reached d. The o. HR- ed with torcycle is other Khair ring the affidavit the said s.8500/- fter the ht to the e to run sed that GURBACHAN SINGH 2026.03.15 11:55 I attest to the accuracy and integrity of this document CRM-M- it was at th they agreed were given been cut. I submits tha who all are many such whereabout Investigatio made out. 5. documents 6. the counse Supreme C application 7. The State Supreme C ought not t 8. petitioner i The case as that 17 Kh forest land, at the disc -11330-2026 -4 s at the instance of present petitioner agreed to cut the trees from the forest given Rs.5000/-. Both the accused cut. It is in the light of facts mentio its that custodial interrogation of peti all are involved in the incident, wha such like offences they have commi eabouts of other accused, who ha stigation being at the initial stage, no c out. Prayer for dismissal of the petiti Heard learned counsel for th ments on record. Before expressing any opinio ounsels, it would be appropriate to r eme Court, wherein the factors to be k cation for grant of anticipatory bail, ha In Nikita Jagganath Shetty @ tate of Maharashtra and another, eme Court held that “Anticipatory ba not to be granted in a routine manne Factual backdrop of the cas ioner in the entire incident has been h case as set up by the prosecution is th Khair trees valuing Rs.7,80,000/ t land, complainant and his team mem e disclosed site and laid barricades. 4- tioner and co-accused Abdul Sattar th forest land and for the said purpose the cused also disclosed that 17 trees ha mentioned above, learned State couns of petitioner is needed to find out as t, what is their modus operandi, ho committed in the past and to know th have till date not been arreste e, no case for grant of pre-arrest bail petition was made. for the parties and have perused th opinion on submissions raised by bo te to refer to the judgment of Hon’b o be kept in mind while dealing with a ail, have been discussed. etty @ Nikita Vishwajeet Jadhav v her, 2025 AIR SC 3375, the Hon’b ry bail is an exceptional remedy an nner.” he case and the role played by th een highlighted in para 2 of this orde n is that after receiving an informatio ,000/- have been illegally cut from th members acted promptly and reache cades. When they noticed a Ashok ttar that ose they ees had counsel ut as to how now the ted. t bail is sed the by both Hon’ble with an av vs. Hon’ble y and by the is order. rmation rom the reached Ashoka GURBACHAN SINGH 2026.03.15 11:55 I attest to the accuracy and integrity of this document CRM-M- Leyland tem further thei was in the p warning hi Rohit, Usm was brough doing pape away. Lea Roshan son District Ya the present above and the forest pushing fo favour. whereabout been arrest above, the case of exc extra ordina 9. 09.03.2026 gbs -11330-2026 -5 tempo standing at the site, which w their case that petitioner was stand in the process of running away when h ing his other accomplices to run aw t, Usman, Shahzad, Abdul Sattar etc brought to Range Office, Naraingarh. g paper work, present petitioner pushe . Learned State counsel has also pla n son of Shri Babu Shah, resident o ict Yamuna Nagar who deposed there resent petitioner for Rs.8500/-. In e and the manner in which petitioner a orest team and having been brough ing forest guard, no case for taking ur. Further, his custodial interro eabouts of those all who were involv arrested till date, what is their mod the Court is of the opinion that pe of exceptional depravity or hardship ordinary relief of grant of pre-arrest b The petition being devoid of a .2026 Whether Speaking/reasoned Whether Reportable 5- hich was loaded with ‘Khair’ trees. It s standing nearby on a motorcycle an hen he was apprehended. He was als un away and was addressing them a tar etc. After he was apprehended, h garh. While the officials were busyin pushed one of the forest guards and ra so placed on record an affidavit of on ident of village Ratoli, Tehsil Bilaspu therein that he had sold the vehicle . In the light of the facts mentione ioner after having been apprehended b rought to their office, ran away aft aking lenient view is made out in h interrogation is needed to find th involved in the incident and have n modus operandi etc. In view of hat petitioner has failed to make out rdship in his favour entitling him th rrest bail. id of any merit is hereby dismissed. (AARADHNA SAWHNEY) JUDGE : Yes/No : Yes/No ees. It is cle and as also them as ded, he busying and ran t of one ilaspur, hicle to ntioned nded by fter t in his ind the ave not of the e out a im this NEY) GURBACHAN SINGH 2026.03.15 11:55 I attest to the accuracy and integrity of this document