Anticipatory bail granted, emphasizing rehabilitation over pre-trial incarceration; evidence insufficient to justify custodial interrogation.

JUDGMENT :

ANOOP CHITKARA, J .

1. In all the above mentioned petitions common question of law and facts are involved, so all petitions are being disposed of by a common judgment. For brevity facts are being taken from CRM-M-28567-2025 titled as “Mahinder Singh Alias Mahinder Pal Versus State of Haryana.”

2. The petitioner(s) apprehending arrest in the FIR captioned above have come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [ BNSS ], seeking anticipatory bail.

3. Per bail petition(s) as well as status report(s), some of petitioner(s) have criminal antecedents but the same are not under heinous offences.

4. Petitioner(s) were granted interim protection, subject to joining investigation and said orders continued till date.

5. The facts and allegations are being taken from the translated copy of FIR (Annexure P- 1), which reads as follows:

“On the above subject it is hereby informed to you that the Gram Panchayat Bataura Block Naraingarh vide its resolution no. 2 dated 26.03.2025 informed the Block Office that the Hon'ble Collector, Ambala vide order dated 17.03.2025 restrained from cutting the trees from the Shyamlat Land of Gram Panchayat Bataura. Inspite of that from the Shyamlat land the Sisham and Safeda trees were being illegally cut by Sh. Jaspal, Sh. Jagmal, Sh. Arun Pal Singh, Sh. Satpal, Sh. Jai Chand and Sh. Sanjeev, the description of which are as under :- Sh. Jaspal from Khasra No. 6//3,8,12 safeda( eucaplyptus) trees 400, Shisham total 400, Sh. Jagmal Khasra No. 6//13,18,23 Safeda (eucaplyptus) trees 400, Shisham- total- 400, Sh. Arun Pal Singh Khasra No. 6//4,7,2,9 Safeda (eucaplyptus) trees 200, Shisham-total 200, Sh Satpal Khasra No. 7//23 Safeda (eucaplyptus) trees 100, Shisham -- Total 100, Sh Jai Chand Sh. Sanjeev Khasra No. 18//15,16 Safeda, Shisham 100 total- 100. Sh. Mahinder Pal (Nagauli) Khasra No. 8//8,13 Safeda (eucaplyptus) trees 400, Shisham- -, Total -400 Total 1600 i.e. 1500 and Shisham 100. So by sending the original resolution of the gram Panchayat Bataura to you, it is requested that legal action be initiated against the above mentioned person who have unauthorsidey cut down the trees from the Panchayat land of the Gram Panchayat. Attached as above Sd/- JOGESH KUMAR, Block Development and Panchayat Officer, Naraingarh. Page No. 907-09, dated 26.03.2025. Place- Police Station. On receipt of the above application in the Police Station FIR No. 91 dated 27.03.2025 under Section 303(2) of the BNS, 2023 has been registered in PS Naraingarh Distt. Ambala and for investigation the file will be entrusted to ASI Kanwal Jit no. 275 on his coming present to the Police Station. Copies of the FIR are being sent through post to the concerned officers. The facts have been narrated to the SHO. The case has been registered in presence of SI Kulbir.”

6. counsel for the petitioner(s) submit that petitioner(s) have been falsely implicated in the present cases due to local political rivalry. All the petitioner(s) were granted interim bail by a Co-ordinate Bench of this Court. Counsel further submit that petitioner(s) are brothers and being co-sharers, they are in possession of Khasra No.8/8(7-0), 13(8-0).The petitioners’ counsel pray for bail by imposing any stringent conditions and contends that pre-trial incarceration would cause an irreversible injustice to the petitioner(s) and their families. Petitioner(s) already joined investigation.

7. The State’s counsel opposes bail and refers to the status report(s) in all cases.

REASONING:

8. Allegations against the petitioner(s) are of cutting eucalyptus and Shisham trees from the land of Gram Panchayat, however, pet