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2025 DAILYLAW 118331 (ALL)

OM PRAKASH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO

ABAIL/99/2025 · 2025-01-22

Shree Prakash Singh

body2025

Judgment text

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Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 99 of 2025 Applicant :- Om Prakash Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Surya Prakash,Arsh Bugga Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Range Case No.39 of 2016-17 under Section 9/51(1) Wild Life Protection Act at Police Station Dhaurahra, District Lakhimpur Kheri. Contention of learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated in the present case. He submits that a crocodile is said to be killed by the village persons though the applicant was not involved in committing the same and he was not arrested on spot. He submits that the matter pertains to the year 2016-17 and now the summon and N.B.W., without there being any evidence, have been issued against the applicant. He further added that the applicant is always ready to co-operate in the trial proceedings and he will never abscond. Further there is no previous criminal history of the applicant and he is a law abiding citizen and he has acute apprehension of being arrested by the police, as such, he may be granted anticipatory bail which he will not misuse. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that the applicant is named in the F.I.R. and there is sufficient proof that he has committed the offence, as such, he is not entitled to any relief. Having heard the learned counsel for the parties and after perusal of record, it transpires that the matter is of the year 2016-17 and it is admitted fact that the applicant was not arrested on spot and some persons of the village are said to be involved in killing the crocodile. Further there is no previous criminal history of the applicant and the applicant has undertaken to co-operate in the trial proceedings and he will never abscond. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court find it to be a fit case of anticipatory bail. In view of the aforesaid, the present anticipatory bail application is hereby disposed of while extending anticipatory bail to the applicant, namely, Om Prakash, till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 22.1.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench