Pre-arrest bail denied due to prima facie links via CCTV, vehicle, call records; criminal antecedents with multiple prior similar FIRs; need for custodial interrogation; non-disclosure of history; bypassing Sessions Court.

Judgment :

Rakesh Kainthla, J.

The petitioners have filed the present petitions for seeking pre-arrest bail in FIR No. 80 of 2025, dated 06.09.2025, registered at Police Station Fatehpur, District Kangra, H.P., for the commission of offences punishable under Sections 303(2) read with Section 3(5) of Bharatiya Nyaya Sanhita (BNS) and Sections 41 and 42 of the Indian Forest Act.

2. It has been asserted that the police registered the FIR on the complaint of one Brahm Singh, Beat Incharge, Forest Block Fatehpur on the allegations that Khair trees were cut and stolen. One vehicle was spotted in the CCTV footage, but its registration number was not legible. The petitioners were not named in the FIR, and the police are searching for them. The petitioners have no concern with the alleged felling of the tree or the vehicle spotted in the CCTV footage. The petitioners have a reasonable apprehension of their arrest. They would abide by the terms and conditions which the Court may impose. Hence, the petition(s).

3. The petitions are opposed by filing a status report asserting that the informant was on patrolling duty on 06.09.2025 at 8:30 AM in UP 130 Bagdoli C-3, and he noticed the seven stumps of khair trees. He found after enquiry that the trees were cut on the night of 06.09.2025 between 1:00 a.m. to 3:30 a.m. He informed his superior officer, who checked the CCTV footage and found a vehicle going towards the spot at 1:53 a.m. on 06.09.2025. However, its registration number was not legible. The CCTV camera footage at Sihana and Dini was also checked, and the same vehicle was spotted in the CCTV footage. The trees were removed from the spot. The police registered the FIR and investigated the matter. The police checked the CCTV footage and found the registration number of the vehicle to be HP 88A- 2879, which was registered in the name of Balwinder. Another vehicle was found following this vehicle, but it had no rear registration plate. The police searched for Balwinder Singh alias Banti and checked his call details. The location of Balwinder Singh was found to be similar to the location of another mobile number XXXX951. Balwinder Singh had also talked to this mobile number and XXX849 at 2:46 am. These mobile numbers were found to belong to Anil Kumar and Ajay Kumar. Neeraj Bala wife of petitioner Balwinder appeared before the police and informed that Balwinder Singh was arrested in FIR No. 28 of 2025, dated 8.9.2025, registered at Police Station Sansarpur Terrace for the commission of offences punishable under Section Sections 303(2) read with Section 3(5) of Bharatiya Nyaya Sanhita (BNS) and Sections 41 and 42 of the Indian Forest Act on 20.9.2025. 30 FIRs have been registered against the petitioner, Balwinder Singh, in various Police Stations. FIR No. 28 of 2025, dated 8.9.2025, was registered against petitioner Ajay Kumar for the commission of offence punishable under Section 303(2) read with Section 3(5) of Bharatiya Nyaya Sanhita () and and 42 of the Indian Forest Act at Police Station Sansarpur Terrace. Hence, the status report.

4. I have heard Mr N.K. Thakur, learned Senior Counsel, assisted by Mr Divya Raj Singh, learned counsel, for the petitioners and Mr Jitender Sharma, learned Additional Advocate General, for the respondent-State.

5. Mr N.K. Thakur, learned Senior Counsel for the petitioners