Allowed

Kuldeep Verma and Another v. State of Hp

Himachal Pradesh HC27 Jun 2017CRMPM/822/2017

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to petitioners charged with forest offences. Relying on their cooperation with investigation and lack of flight risk, the court ordered release on personal bond with sureties, subject to conditions joining investigation, not leaving India, and not influencing witnesses.

What did the court decide?

Petitioners released on bail upon furnishing personal bond of Rs. 10,000 each with one surety in like amount to the satisfaction of the Investigating Officer.

Kuldeep Verma and Another Vs State of Hp — Bail and Remand | Himachal Pradesh HC (2017)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr. MP (M) No.822 of 2017 Decided on: 27^th June, 2017

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Kuldeep Verma & another

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....Petitioners

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Versus

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State of Himachal Pradesh

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…Respondent

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Coram

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The Hon’ble Mr. Justice Chander Bhusan Barowalia, Judge.

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Whether approved for reporting?¹ No.

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For the petitioner : Mr. Sanjeev Bhushan, Sr. Advocate with Mr. R.S. Chandel, Advocate. For the respondent : Mr. Pushpinder Singh Jaswal, Dy. Advocate General and Mr. Rajat Chauhan, Law Officer. HC Ramesh Chand No. 136, Police Station, Theog, District Shimla, H.P.

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Chander Bhusan Barowalia, Judge (oral)

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The present bail application is maintained by the petitioners under Section 438 of the Code of Criminal Procedure for releasing them on bail in case FIR No. 113/2017, dated 15.06.2017, under Sections 34, 447 & 506 of the Indian Penal Code and Section 32 & 33 of the Indian Forest Act, registered at Police Station Theog, District Shimla, H.P.

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1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

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As per the petitioners, they are innocent and have been falsely implicated in this case. Further they are joining and cooperating with the investigation as and when asked by the Investigation Agency and not in a position to flee from justice.

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Police report stands filed. As per the prosecution story, the petitioners have cut the forest land to the extent of 150 meters and uprooted three Kail trees, whereas three Kail trees were cut with the help of saw. It is submitted that for illegal construction of the road, the petitioners have used J.C.B. machine to uproot three Kail trees and cutting 150 meters of forest land. It is further submitted that in case the bail is granted to the petitioners, they will repeat the offence again.

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Heard. Taking into consideration the fact which has

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come on record and the manner in which offence alleged to have been committed, as well as the fact that the petitioners are joining and cooperating in the investigation, not in a position to flee from justice and also not in a position to tamper with the prosecution evidence. The interest of justice will be met, in case, judicial discretion to admit the petitioners on bail is exercised in favour of the petitioners. So, it is ordered that in the event of their arrest in this case, the petitioners be released on bail, on their furnishing personal bond to the sum of ` 10,000/- (rupees ten thousand) each, with one surety in the like amount each to the

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satisfaction of Investigating Officer. The bail is granted subject to

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the following conditions:

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i. That the petitioner(s) will join investigation of case as and when called for by the Investigating Officer in accordance with law.

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ii. That the petitioner(s) will not leave India without prior permission of the Court.

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iii. That the petitioner(s) 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 Court.

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Accordingly, the petition is disposed of.

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Copy dasti .

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(Chander Bhusan Barowalia) 27^th June, 2017 Judge (raman)

Kuldeep Verma and Another v. State of Hp

Case brief

What is this about?

What did the court decide?

Kuldeep Verma and Another v. State of Hp

Case brief

What is this about?

What did the court decide?

What the court decided

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