AVTAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
ABAIL/266/2025 · 2025-02-28
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125331 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125331 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:12257 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 266 of 2025 Applicant :- Avtar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Rajesh Kumar Shukla,Prithvish Mishra 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 Case Crime No. 1963 of 2021, Range Case No. 6/2020-21, under sections 9/51(1), 48A/51(1), 49(B)/51(1) of the Wild Animal Protection Act and section 26 of the Forest Act, Range-Mailani, District-Kheri. From perusal of the Range Case/Complaint and the record appended thereof, it is evident that the dead body of a tiger was found in the agricultural field of the applicant and he is named in the first information report alongwith other co-accused persons for killing the tiger. The provisions of section 57 of the Wild Life (Protection) Act, 1972 says that there would be presumption against a person being involved in offence, in whose possession, custody or control, any wildlife, captive animal, animal article, meat, trophy, uncured trophy, specified plant or part of derivative, are found until, contrary is proved.
Learned counsel for the applicant has failed to prove contrary that the offence is not committed by the applicant. He has further failed to satisfactorily substantiate that the applicant would not tamper the evidences and would not threaten the witnesses. Apprehension of arrest has also been denied. Considering the complicity of the accused- applicant and looking into the gravity of nature of offence, this court does not find any good ground
to intervene in this matter. The anticipatory bail application of the applicant, Avtar Singh, is hereby rejected.
Order Date :- 28.2.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench