Joga Singh And Sonu Singh vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicants seeking anticipatory bail in RC No. 1/Da.Ja./2025-2026, registered at Range South Jaspur, District Udham Singh Nagar under Sections 26, 41, 42, 42B and Section 52 of the Indian Forest Act, 1927.

On 31.03.2025 at around 11:30 p.m., the forest staff saw in the torchlight that the applicants were carrying khair wood (Senegalia Catechu) on a motorcycle. They managed to escape from the spot. The said wood of seven trees were recovered from Rishipal Singh.

Heard Mr. Divya Prakash Mittal, learned counsel for applicants and Mr. Pratiroop Pandey, learned AGA for the State.

Mr. Divya Prakash Mittal, Advocate, contended that the applicants were not present on the spot. They have been falsely implicated in the present matter. Nothing was recovered from their possession. Applicants are not convicted persons. They are permanent residents of District Udham Singh Nagar, therefore, there is no possibility of their absconding, and, the judicial remand of Rishipal Singh has been refused by the Judicial Magistrate, Jaspur.

Mr. Pratiroop Pandey, learned AGA for the State, has opposed the Anticipatory Bail Application orally.

Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.

Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicants Joga Singh and Sonu Singh, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions:-

(i) Applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment;

(ii) Applicants shall not directly or indirectly make anyinducement, threat or promise to any person, acquainted with the facts of this case;

(iii) Applicants shall not leave the country without the previous permission of the trial court.

It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.