Non-cooperation by an accused, specifically the refusal to confess to a crime or disclose information, cannot be the basis for denying bail as it is protected by the privilege against self-incrimination under Article 20(3) of the Constitution of India.

Virender Singh, Judge

Applicant – Ram Prakash, apprehending his arrest, in a case arising out of FIR No.171 of 2025, dated 24.10.2025, registered, under Sections 32, 33, 41, 42 of the Indian Forest Act, Section 5 of the Explosive Substance Act and Sections 303(2), 304(2), 132 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘BNS’), with Police Station, Bhuntar, District Kullu, H.P., has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’).

2. By way of the present application, indulgence of this Court has been sought to dfirect the Police/ Investigating Officer of Police Station Bhuntar, District Kullu, H.P., to release him on bail, in the event of his arrest, in the above noted case.

3. The relief, as claimed, in the application has been sought on the ground that the applicant is innocent and has falsely been implicated, in this case, by the Police.

4. According to the applicant, no recovery has been effected from his possession.

5. The applicant has further pleaded that he has no concern with the crime in question, for which, he has been named as accused in the present case. According to the applicant, he is having deep roots in the society.

6. The applicant has tried his luck by moving similar application before the Court of learned Additional Sessions Judge, Kullu, however, the said application has been dismissed on 30.10.2025.

7. Apart from this, learned counsel appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, any direction is issued to the I.O./Police, under Section 482 BNSS. f

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

9. When put to notice, the police has filed the status report, on 31.10.2025, disclosing therein, that on 24.10.2025, complainant Neeraj Sharma, moved a complaint to the police, mentioning therein, that on 24.10.2025, he, along with his team consisting of Forest Guard Ahilya Devi and two other Van Rakshak Mitter, reached at the house of Ram Prakash @ Palu (applicant) in village Ninu Nallah, Post Office Thela, Tehsil Bhuntar, District Kullu, in pursuance of the search warrant dated 24.10.2025. When they reached at Neenu Nallah, Pawan Kumar met them and disclosed that the said house is being constructed by his son Ram Prakash @ Pallu, upon which, the complainant apprised him about the search.

9.2. After obtaining the consent of Pawan Kumar, the measurement of the timber, used in doors and windows was started. Thereafter, the documents were sought regarding the said wood, but no document could be produced.

9.3. After measurement, when the complainant reached at second floor, then, in one roofm, they found four boxes containing illegal crystal, which is forest wealth, for which also, no licence could be produced. The weight of the said crystal was found to be 34 kilograms. In one carton box, explosive substance was found.

9.4. After some time, when the complainant came out of the room, then, he noticed Palu and 2-3 other persons coming to the said room. After some time, Forest Guard Pappu Soni and Budhi Singh Forest Guard and Forest Mitter, disclosed to the complainant that in order to cause harm, the above persons have lifted bricks. They also snatched the boxes containing explosive substance and ran towards down side. One person Ram Prakash @ Palu was identified by those persons.

10. On the basis of the above facts, the complaina