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2025 DAILYLAW 130364 (ALL)

ISRAEL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/280/2025 · 2025-04-01

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18085 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 280 of 2025 Applicant :- Israel And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicants 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. Fakharpur, 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 applicants that they have been falsely implicated in the charges levelled against them and that they are not named in the F.I.R. It has been submitted that applicants have been apprehended on the basis of certain statement made by villagers who were inimical towards them. It is submitted that there is no recovery from the applicants. It is submitted that applicants who do 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 applicants and that their names have been included on the basis of statements made by two villagers. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that applicants' 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 applicants. 7. Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicants 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 applicants- Israel and Sonu Khan shall be released on anticipatory bail in the aforesaid Case Crime number on their 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 applicants shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicants will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicants 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 :- 1.4.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench