Neutral Citation No. - 2025:AHC-LKO:14639 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 251 of 2025 Applicant :- Gurudeep Singh @ Gurudev Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Aman Kumar Shrivastav Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Counter affidavit filed by learned AGA is taken on record. 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 Cr.PC. has been filed seeking anticipatory bail in Case No. 1866 of 2015 Range Case No. 01/2014-15 under sections 26, 69, 41 and 42 of Indian Forest Act Range- Uttar Nighasan District - Lakhimpur Kheri. From perusal of the order sheet, it appears that on 21.02.2025 following order was passed wherein the present applicants have been granted interim anticipatory bail:- "1. Heard Shri Aman Kumar Srivastava, learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed by the applicants with the prayer to release them on anticipatory bail in Case No. 1866 of 2015 Range Case No. 01/2014-15 under sections 26, 69, 41 and 42 of Indian Forest Act Range- Uttar Nighasan District - Lakhimpur Kheri. 3. The submission of learned counsel for the applicants is that the applicants are innocent and have falsely been implicated in the instant case due to ulterior motives. He submits that the applicants are not involved in committing the offence and the complaint has been filed and even the statement of the witnesses and the complainant have been recorded and thus, there is no possibility that they would tamper the evidence. He further submits that there are very weak evidence against the applicants and they were never involved in committing offence as there is no ample evidence against them. Next submission is that criminal history against the applicants has been explained and they undertake that they will always remain present before the trial court as and when they are required and thus, submission is that they may be granted anticipatory bail. 4. Per contra, learned A.G.A. for the State has opposed the contentions aforesaid and submits on the basis of instructions that there are three cases criminal history against the applicants which has not been explained properly. Next submission is that statement of the witnesses as well as the complainant are intact before the trial court and therefore, they are not entitled for any relief. 5. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicants- Gurudeep Singh @ Gurudev Singh and Charan Singh @ Gurucharan Singh shall be released forthwith, in case of their arrest in the aforesaid case crime (supra) on an interim anticipatory bail on their furnishing personal bond 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. 6. List/put up this matter in second week of March, 2025. 7. In the meantime, the opposite parties may file their counter affidavits." State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicants were enlarged on anticipatory bail after thorough 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, Gurudeep Singh @ Gurudev Singh and Charan Singh @ Gurucharan Singh 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/ her 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 prior permission of the court; (iv) that the applicants shall appear before the trial court on each date fixed, unless their 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 :- 10.3.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench