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2025 DAILYLAW 130028 (ALL)

LADDAN KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. LKO

NABAIL/274/2025 · 2025-03-26

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17462 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 274 of 2025 Applicant :- Laddan Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko Counsel for Applicant :- Prateek Mishra,Bhanu Pratap Singh,Naved Alam Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned A.G.A. for opposite party. 2. First anticipatory bail application has been filed with regard to case crime No. 17 of 2025 under Sections 9/51/39/51 of The Wild Life (Protection) Act, 1986, P.S. Fakarpur, District Bahraich. 3. As per contents of first information report, the incident is said to have taken place on 16th January, 2005 when the applicant along with co-accused allegedly was instrumental in killing of Neelgay. 4. It has been submitted by learned counsel for applicant that he has been falsely implicated in the charges levelled against him and that he is not named in the F.I.R. It has been submitted that applicant has been apprehended on the basis of certain statement made by villagers who were inimical towards him. It is submitted that there is no recovery from the applicant. It is submitted that applicant who does not have any previous criminal history. 5. Learned A.G.A. has opposed bail application but does not deny the fact that there is no previous criminal history of the applicant and that his name has been included on the basis of statements made by two villagers. 8. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that applicant's name has not been included in the first information report and has subsequently been included on the statements made by certain villagers. There also does not appear to be any recovery from the applicant. 7. Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 8. In view of the above, it is provided that in the event of arrest, the applicant- Laddan Khan shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. 9. The application stands allowed. Order Date :- 26.3.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench