Neutral Citation No. - 2025:AHC-LKO:8729 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 194 of 2025 Applicant :- Santram Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Manoj Kumar Singh 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 material placed on record. Instant application has been filed with the prayer to enlarge the accused-applicant on anticipatory bail in Range Case No. 19/2018-19, under section 26 of the Indian Forest Act, Sections 27, 29, 31, 39, 51(1C), 52 of the Wild Life Protection Act & Section 2/3(a) of the Forest Conservation Act, Range- Katarniyaghat, District- Bahraich. Contention of learned counsel for the applicant is that though the applicant is named in the first information report, but, he was not arrested on spot and no incriminating article is recovered from his possession. He added that the name of the applicant came into light only on the confessional statement of the co-accused namely,Ram Bahadur, who was arrested on spot.He next added that the allegation is that the applicant including the other co-accused persons have erected a wall of 5- 6 feet and they were encroaching the land of the forest department, though the applicant was never involved in such offence and only on the basis of suspicion, he has been named. He submits that the applicant will always cooperate in the trial proceedings and will never abscond. Further identically situated co-accused Kashiram has already been granted anticipatory bail by this Court in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. -2663 of 2024, vide order dated 3.12.2024 and the applicant is seeking parity of the same. Adding his arguments, he submits that the applicant has no previous criminal antecedent and there is an apprehension that the police will arrest him and and as such, the applicant may be enlarged on anticipatory bail. Per contra, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submits that the applicant is named in the first information report and as such, he is not entitled for any relief. But he could not dispute the fact that identically situated co-accused Kashiram has already been granted anticipatory bail by this Court. Having considered the submissions of learned counsel for the parties and after perusal of material placed on record, it transpires that the applicant was not arrested on spot and no incriminating article was recovered from his possession and identically situated co-accused Kashiram has already been granted anticipatory bail by this Court and prima-facie, it seems that on the basis of confessional statement of the co-accused, his name came into light. This court has also taken note of the fact that the applicant has no previous criminal antecedent and as per submission of learned counsel for the applicant that there is an apprehension that the police will arrest him and the applicant has undertaken that he will always cooperate with the trial proceedings. In view of the aforesaid, this court finds it a fit case for grant of anticipatory bail and therefore, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Santram 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 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 interim protection. Order Date :- 11.2.2025/Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench