Neutral Citation No. - 2025:AHC-LKO:11240 Court No. - 30 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1639 of 2025 Applicant :- Mohammad Salman @ Salman Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko Counsel for Applicant :- Prabhat Kumar Upadhyay,Prachi Mishra Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J. 1. Heard learned counsel for the applicant, learned AGA for the State-opposite parties and perused the record. 2. The present bail application has been filed by the applicant under Section 439 Cr.P.C. (Now Section 483 of B.N.S.S., 2023) in Case Crime/FIR No.0017 of 2025 under Sections 9/51/39/51 of Wildlife Protection Act, 1972 registered at Police Station- Fakharpur, District-Bahraich with a prayer to enlarge him on bail. 3. The submission of learned Counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in the present case due to political rivalry and he is in jail since 31.01.2025. It is further submitted on behalf of the applicant that two eye witness of the alleged incident namely- Sandeep Verma and Suresh Kumar did not name the applicant, however, one Vipin Kumar Maurya who was not the eye witness of the alleged incident named the applicant and on his statement, the police has arrested the applicant. It has been further submitted that the applicant has no criminal history and the offence is triable by Magistrate. In these circumstances, the applicant is entitled for in bail in the present case. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5. Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties and I find it to be a fit case for enlarging the applicant on bail. 6. Let applicant Mohammad Salman @ Salman, involved in Case Crime/FIR No.0017 of 2025 under Sections 9/51/39/51 of Wildlife Protection Act, 1972 registered at Police Station- Fakharpur, District-Bahraich be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii). The applicant will not pressurize/ intimidate the prosecution witness. (iii). 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of I.P.C. (Now Section 269 of B.N.S., 2023). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code (Now Section 209 of B.N.S., 2023). 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. [Om Prakash Shukla, J.] Order Date :- 21.2.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench