Neutral Citation No. - 2025:AHC-LKO:22784 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 353 of 2025 Applicant :- Mohammad Raja Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Upendra Kumar Sagar,Pawneesh Kumar Vikram Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned A.G.A. for opposite parties no.1 to 3-State. Notice to opposite party no.4 stands dispensed with. 2. First anticipatory bail application has been filed with regard to Case Crime No.055 of 2025, under Sections 303(2), 329(3) BNS, P.S. Neemgaon, District Lakhimpur Kheri. 3. As per contents of first information report, applicant is said to be a trespasser over Goan Sabha Land recorded as old parti and is said to have been instrumental in cutting down of 46 trees and selling them. 4. It has been submitted by learned counsel for applicant that applicant has been falsely implicated in the charges levelled against him and that even otherwise the allegation of sale is incorrect since the wood is still lying on the ground. It is submitted that even otherwise maximum punishment impose-able is of three years and applicant is ready and willing to cooperate in the investigation. 5. Learned A.G.A. has opposed anticipatory bail application with the submission that contents of FIR clearly make out the sections imputed against applicant. It is however admitted that there is no previous criminal history of applicant. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it appears that punishment impose-able even if charges are found established is maximum of three years and investigation is still ongoing. 7. Without expressing any opinion on the merits of the case, I am of the opinion that the liberty of the applicant may be protected till filing of police report under section 173(2) Cr.P.C.. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it to be a fit case of interim anticipatory bail. 8. Let the accused-Mohammad Raja applicant as an interim measure be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court. 9. In the event of arrest, the accused-applicant shall be released forthwith in the aforesaid case crime on bail furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on 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/I.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 protection. 10. The application stands allowed. Order Date :- 22.4.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench