Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:60221 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3113 of 2025 Applicant :- Sheru Alias Sheshnath Opposite Party :- State of U.P. Counsel for Applicant :- Piyush Patel,Pradeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, learned AGA for the State-respondents and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Sheru Alias Sheshnath, seeking enlargement on bail in Range Case No. 42 of 2024-2025, under Sections 26(1)F, 41, 42 of Indian Forest Act r/w 3/28 Uttar Pradesh Forest Produce Transporation Rules and 27, 29, 51(1) Wildlife Protection Act, 1972, Police Station- Kotwali, District- Maharajganj.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since
04.01.2025. Learned counsel for the applicant submits that no recovery has been made from possession of the applicant and the shown recovery of 8 pieces of Sagaun is false and fabricated. He has criminal antecedent of fourteen cases and the same are duly explained in para 14 of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed.
Let the accused-applicant, Sheru Alias Sheshnath, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 22.4.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad