Neutral Citation No. - 2025:AHC:18927 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46486 of 2024 Applicant :- Gopi Kanjar Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Bhushan Dubey,Bhavni Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Ms. Bhavni Singh, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Forest Crime No.11/Basrehar/2023-24 , under Sections 9, 39, 48, 498, 50 and 51 Wild Life Protection Act, 1972 and Section 52(Ka) Indian Forest Act, Police Station Saifai, District Etawah during pendency of the trial. 3. Learned counsel for the applicant submits, on the basis of false allegation of recovery of turtles applicant has been made accused in the present matter along with co-accused Vikki Kanjar and after considering the entire facts of the case co-accused Vikki Kanjar has been released on bail by this Court and his bail order has been annexed as Annexure-5 and on facts, case of applicant is at par with him. 4. She further submits, however, apart from the present case applicant is having criminal history of five other cases but his criminal history has been explained in the instant bail application. 5. She further submits, in the present matter applicant is in jail since 26.01.2024 i.e. for last more than a year. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. As per allegation from the possession of applicant and two others total 745 alive turtles were recovered but co-accused Vikki Kanjar has already been released on bail by this Court and case of applicant is at par with him. 9. Further, however, apart from the present case applicant is having criminal history of five other cases but his criminal history has been explained in the instant bail application. 10. Further, in the present matter applicant is in jail since 26.01.2024 i.e. for last more than a year and all the alleged offences are punishable with maximum punishment of seven years. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Gopi Kanjar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 14. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 10.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad