Neutral Citation No. - 2025:AHC-LKO:13861 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 130 of 2025 Applicant :- Ram Nath And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Kaushal Kishore Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material placed on record. The present application under Section 438 CrPC has been filed seeking anticipatory bail in Case No. 2687 of 2019, Range Case No. 03 of 2019-20 under section 4/10, Forest Protection Act & 41/42 of Indian Forest Act, Range- South Nighasan District - Kheri. From perusal of the order sheet, it appears that on 30.1.2025, following order was passed wherein the present applicants have been granted interim anticipatory bail:- "Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicants with the prayer to release them on anticipatory bail in Case No. 2687 of 2019, Range Case No. 03 of 2019-20 under section 4/10, Forest Protection Act & 41/42 of Indian Forest Act, Range- South Nighasan District - Kheri. The contention of learned counsel for the applicants is that the applicants are innocent and have falsely been implicated in the instant matter due to ulterior motive. He submits that only on the basis of suspicion, the whole family members have been implicated. He further added that the applicants are the local residents and they had no knowledge that trees in question were in the area of forest. He added that that there is no previous criminal history of the applicants as is mentioned in paragraph no. 20 of the application. He submits that the applicants undertake that they will always cooperate with the trial proceedings and would never abscond from the same. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that Bailable-Warrants have been issued against the applicants and as such, they are not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicants- Ram Nath, Ram Narayan and Jamuna shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on their furnishing personal bonds and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicants 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicants shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicants shall not tamper with the evidence during the trial; (v) that the applicants shall not pressurize/ intimidate the prosecution witness; (vi) that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. List/put up this matter in the first week of March 2025. In the meantime, the State counsel may file counter affidavit." From perusal of the order dated 30.1.2025, it transpires that learned State Counsel was directed to file counter affidavit but the same has not been filed as yet. Learned State Counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicants were enlarged on an interim anticipatory bail after thoroughly considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicants are not cooperating with the investigation proceedings or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicants, namely, Ram Nath, Ram Narayan and Jamuna till disposal of the trial subject to the following conditions:- (i) that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicants 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 applicants shall not leave India without the previous permission of the court; (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicants shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this order. Order Date :- 6.3.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench