CRM-M- IN 192 Parminder Vers State of Ha CORAM: Present: AARADHN 1. registered Sections 4, BNS, at P petition for 2. noticed her criminal la 11.30 PM Range alon They both trees into a Ankit Kuma -13439-2026 -1 IN THE HIGH COURT OF PUNJA CHANDIGA inder Singh @ Pinder Versus of Haryana AM: HON’BLE MS. JUSTICE AA Mr. Samay Singh Sandhawalia Ms. Shweta Nahata, DAG, Ha **** ADHNA SAWHNEY, J. (Oral) Petitioner, an accused in case tered against him under Sections 32 ons 4, 19 of Punjab Land Preservatio , at Police Station Chachhrauli, Yam ion for grant of anticipatory bail. Relevant facts as emerging fr ed hereinbelow:- Mintu Kumar, Forest Guard I al law in motion by filing a compla PM on 23.8.2025, he was on patro along with one Mehndi, a labour oth noticed 6-7 persons peeling and nto a Tata Safari vehicle. Immedi umar, Forest Guard Incharge Kot B 1- PUNJAB AND HARYANA AT DIGARH CRM-M-13439-2026 Date of Decision: 30.03.2026 …Petitioner. …Respondent. CE AARADHNA SAWHNEY. awalia, Advocate for the petitioner. G, Haryana. n case FIR No. 190 dated 25.08.202 32, 33, 51 of Indian Forest Ac ervation Act and Sections 303, 115 o i, Yamunanagar, has filed the prese ging from the documents on record b rd Incharge Bansantaur Beat, set plaint pointing therein that at abo patrolling duty in Bansantaur Fore bourer of contractor of Departmen and loading pieces of ‘Khair Woo ediately thereafter, he (c) intimate Kot Block and requested him to arriv .2026 .2025, est Act, , 115 of present cord be the about Forest tment. Wood’ mated arrive GURBACHAN SINGH 2026.04.18 16:08 I attest to the accuracy and integrity of this document CRM-M- at the site. of torch, h Sukhdev, the ‘Khair’ Safari, afte the number Mehndi att all put in s injury. Wh mentioned another ro chasing the to catch h accused pa companion inspection taken into p where his complaint, against pet 19 of Punja Station Cha -13439-2026 -2 site. During this intervening period h, he noticed that petitioner and fe , Kanwar, Sandeep, Sonu and Naw hair’ logs with ‘Axes’ and loading after which they sped away from mber of the vehicle as HR-02-X-302 i attempted to catch hold of the thie in stiff resistance. In the scuffle, un When Ankit Kumar, Forest Guard ned above including the petitioner r route, where another un-numbe g the thieves, complainant and Fore ch hold of one of them, namely, N d party, returned back in the black c nion. At the spot 8 freshly cut ‘ tion report was prepared. Follow nto possession: “Five peeled Khair pieces, Five unpeeled pieces, One saw and one Axe” Labourer Mehndi was taken his medical examination was cond int, a formal case vide FIR No. 190 petitioner and others u/s 32, 33, 51 unjab Land Preservation Act and Se Chachhrauli, Yamunanagar. 2- riod, as per complainant, in the lig nd few other persons, namely, Avta Nawab etc. were cutting and peelin ing them into a Black Coloured Ta the spot. Complainant mentione 3029 and alleged that though he an thieves, but surprisingly enough the e, unfortunately Mehndi suffered hea uard arrived at the site, the person ioner ran inside the Forest throug mbered Safari was parked. Whi Forest Guard Ankit Kumar were ab ly, Nawab. Shockingly enough, th ck coloured Safari and got freed the cut ‘Khair’ trees were found. Sp llowing articles were recovered an ken to Civil Hospital, Yamunanaga conducted. On the basis of the sa 190 dated 25.08.2025, was registere 3, 51 of Indian Forest Act, Sections d Sections 303, 115 of BNS, at Polic e light Avtar, eeling Tata tioned e and h they head ersons rough While e able h, the d their Spot d and nagar, e said stered ions 4, Police GURBACHAN SINGH 2026.04.18 16:08 I attest to the accuracy and integrity of this document CRM-M- grant of pr Sessions Ju which, the 3. been falsel friendly te Mehndi. unnecessari counsel co carefully do in pitch nig who were vehicle. Th party return accomplice the Forest counsel co wood has a needed, for law abiding and when c made. 4. bail, learne not on ini -13439-2026 -3 Apprehending his arrest, peti t of pre-arrest bail. The same was ions Judge, Yamuna Nagar vide order h, the present petition has been filed fo Learned counsel for the petiti falsely implicated in the present case dly terms with co-accused Sukhdev ndi. In fact, petitioner was not pr cessarily dragged in the present ca sel contends that the story put for ully does not appeal to common sense tch night, in the forest area, he (c) wa were allegedly cutting the ‘Khair’ That apart, the allegation that som returned later at the site and were s mplice namely Nawab, who had been orest Guard, also seems quite improb sel contends that in the light of the has already been effected, custodial ed, for nothing is to be recovered fro biding citizen, he (P) is reading and w hen called for by the IO. Prayer for Per contra, while opposing th learned State counsel contends that co inimical terms with any of the 3- t, petitioner moved an application fo was dismissed by learned Addition order dated 23.01.2026. Aggrieved o iled for grant of bail. petitioner contends that petitioner ha nt case only on account of he being ukhdev, who had prior enmity wi not present at the site and has bee ent case. Continuing further, learne ut forth by complainant, when rea n sense, for it is next to impossible th was able to identify all the person hair’ trees and loading them into th at some of the members of the accuse were successful in getting one of the been apprehended by complainant an improbable. Towards the end, learne the fact that the recovery of ‘Khai ial interrogation of petitioner is n red from him, but nonetheless, being and willing to join the investigation a er for allowing the petition has bee sing the request for grant of pre-arre that complainant, a Forest official wa of the accused including the prese tion for ditional ieved of ner has eing on ty with as been learned en read ible that persons into the accused of their ant and learned ‘Khair’ r is not being a ation as as been arrest ial was present GURBACHAN SINGH 2026.04.18 16:08 I attest to the accuracy and integrity of this document CRM-M- petitioner, unnecessari next conten levelled by of Departm head injury consequenc accomplice respect for that custod are involve that had commission they have c no case for petition wa 5. documents 6. the counse Supreme C application 7. The State Supreme C ought not t -13439-2026 -4 ioner, therefore, there was no occasion cessarily array petitioner in the prese contends that in the light of seriou led by complainant, the fact that one epartment, who was assisting complai injury, the fact that the accused par uences returned back later at the site mplices Nawab freed, is indicative ct for the law of land. Towards the en custodial interrogation of petitioner is nvolved in the incident, their whereabo been illegally cut from the fore ission of offence, as also to find out a have committed in the past etc. Inves se for grant of pre-arrest bail is made ion was made. 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 4- ccasion for him to concoct facts and e present case. Learned State couns seriousness and gravity of allegation t one of the labourers of the contracto mplainant at the relevant time suffere ed party without fearing for any leg the site and were able to get one of the ative of the fact that they have lea the end, learned State counsel contend ner is needed to find out as to who a ereabouts, to recover the ‘Khair’ woo e forest area, the vehicle used in th d out as to how many such like offence Investigation being at the initial stag s made out. Prayer for dismissal of th 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.” s and to counsel egations ntractor suffered ny legal of their ve least ontends who all wood in the offences al stage, al of the sed the by both Hon’ble with an av vs. Hon’ble y and GURBACHAN SINGH 2026.04.18 16:08 I attest to the accuracy and integrity of this document CRM-M- 8. petitioner i In the ligh complainan contractor o time suffere with the pe back later a freed from land. Agree Court is als needed to incident an illegally cu offence. In the opinion failed to m entitling him 9. 30.03.2026 gbs -13439-2026 -5 Factual backdrop of the cas ioner in the entire incident has been h e light of the seriousness and gra lainant, taking note of the fact th actor of Department, who was assistin suffered head injury (medico legal rep he petition), the fact that the accused later at the site and were able to get from the captivity, demonstrates com Agreeing with the submissions advan t is also of the opinion that the custo ed to find the whereabouts of those ent and have not been arrested till d ally cut from the forest area and the In view of the discussion made he pinion that in the factual scenario of d to make out a case of exceptional de ling him this extra ordinary relief of gr The petition being devoid of a .2026 Whether Speaking/reasoned Whether Reportable 5- he case and the role played by th een highlighted in para 2 of this orde nd gravity of allegations levelled b act that one of the labourers of assisting the complainant at the releva gal report of the injured appended alon ccused party had the audacity to retur to get one of their accomplices Nawa tes complete lack of fear of law of advanced by learned State counsel, th custodial interrogation of petitioner f those all who were involved in th till date, to recover the ‘Khair’ woo the vehicle used in the commission o ade hereinabove, the Court is further ario of the case in hand, petitioner ha onal depravity or hardship in his favou f of grant of pre-arrest bail. id of any merit is hereby dismissed. (AARADHNA SAWHNEY) JUDGE : Yes/No : Yes/No by the is order. lled by of the relevant d along o return Nawab of the sel, this tioner is in the r’ wood ssion of rther of ner has s favour NEY) GURBACHAN SINGH 2026.04.18 16:08 I attest to the accuracy and integrity of this document