Bail can be granted when applicants are presumed innocent, no other cases exist against them, and pre-trial punishment is prohibited.

JUDGMENT :

Virender Singh, J.

This order of mine shall dispose of the above-titled bail applications, which have been filed by the applicants, under Section 483 of the Code of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’), for releasing them, on bail, during the pendency of trial, in case FIR No.13 of 2024, dated 12.01.2024 (hereinafter referred to as the ‘FIR, in question’), registered with Police Station Bhuntar, District Kullu, H.P., under Section 3 of the Explosive Substances Act, 1908 (hereinafter referred to as the ‘Act of 1908’), Sections 32 & 33 of the Indian Forest Act, 1927 (hereinafter referred to as the ‘Act of 1927’), Section 21 of the Mines & Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as the ‘Act of 1957’) and Sections 379 and 286 of Indian Penal Code (hereinafter referred to as ‘the IPC).

2. The relief of bail has been sought on the ground that the applicants, in this case, have been arrested on 11.11.2024 and from that day, they are in judicial custody. The story of the police is stated to be imaginary and baseless, as, there is no link of the applicants in the commission of the alleged crime.

3. According to the applicants, they had earlier tried their luck by moving similar applications, before the Court of learned Special Judge, Kullu, District Kullu, H.P. However, the same were dismissed, vide order dated 28.11.2024.

4. Apart from this, Mr. Yashveer Rathore, Advocate, appearing for the applicants, has given certain undertakings, on behalf of the applicants, for which, the applicants are ready to abide by, in case, ordered to be released on bail, during the pendency of the trial.

5. In addition to this, the applicants have also sought their release on bail, on the ground of parity, as their co-accused, namely Partap Singh and Kiran Prakash, have already been released on bail, by this Court, vide order dated 02.01.2025, passed in CrMPs(M) No.2911 and 2912 of 2024.

6. On the basis of the above facts, a prayer has been made to allow the application.

7. When, put to notice, the police has filed the status report, disclosing therein, that on 12.01.2024, Mr. Neeraj Sharma, Deputy Ranger Thela, Forest Range Hurla, came to the police station and moved the complaint, mentioning therein that on 10.01.2024, he received an information that at a place, known as Gomukh, some anti social elements have conducted the blasts in the hill, in order to take out crystal stones and the crystal stones are being excavated, upon which, the complainant has taken action and constituted a range level team.

8. As per further version of the complainant, on 11.01.2024, along with the said team, the complainant started going towards the spot, known as Gomukh, and they reached there, at about 10:00 am. At the spot, they noticed that 20-25 small and big holes were made in the hills. The place, where the said holes were made, is very difficult to reach. Number of ropes were found there, with the help of which, those anti social elements used to climb over the hills for excavating the crystal stones. Due to the blast and excavating the hills, it not only causing damage to the environment, but, also damage is being caused to the flora and fauna of the area.

9. According to the said complaint, from the spot, 15 tents were found to be unauthorizedly set up at Thonarang and about 60 people were found, most of whom were local residents of Gadsa Valley and some were of Nepali origin. Some of the persons were nabbed, while working on the spot and other persons ran away taking advantage of the height of the hill. There is a tunnel on the Gomukh hill, through which, common people can go and in the said tunnel, 13 sacks of crystal stones were found. The weight of per sack was 50-70 kg. Complainant has also mentioned the following list of persons, who were found there:-

“1. Chandramani son of Shri Gupt Ram village and post office thella, mobile no. 89883-00420,

2. Vishal Negi son of Shri Satish Kumar vi