Neutral Citation No. - 2025:AHC-LKO:26190 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 410 of 2025 Applicant :- Anand Kumar Singh @ Annu Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Nadeem Murtaza,Suryansh Singh Suryavanshi,Wali Nawaz Khan Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no. 1. 1A. In view of order being passed in this petition, notices to opposite party no.2 stand dispensed with. 2. First Anticipatory Bail Application has been filed with regard to Case Crime no.25 of 2025, under Sections 303(2),317(2), 316(5), 61(2) BNS, Sections 26, 41, 42, 52 Indian Forest Act and Sections 27, 29, 31, and 51 of Wild Life (Protection) Act, 1972, registered at Police Station Tulsipur, District Balrampur 3. As per contents of first information report, incident is said to have taken place on 28.01.2025 at about 04.00 A.M. when SSB team alongwith staff intercepted a pickup and Scorpio with recovery of forest produced in fooding wood from the seized vehicles. 4. It has been submitted that applicant has been falsely implicated in charges levelled against him and initially the FIR against applicant did not include Sections 316(5) and 61(2) BNS which have subsequently been added. It is submitted that with regard to other sections 303(2), 317(2) BNS and Sections 26, 41, 42, 52 Forest Act, 1927 and Sections 27, 29, 31 and 51 of Wildlife Protection Act, the applicant had filed Criminal Misc. Writ Petition No.1057 of 2025 which was disposed of vide order dated 07.02.2025 providing benefit of Section 41A Cr.P.C. to the applicant. 5. It is submitted that subsequently the aforesaid two sections have been added. It is further submitted that Section 316(5) BNS even otherwise is inapplicable in the case of applicant since there is no allegation of applicant either being a public servant or a banker, merchant, factor, broker attorney or agent and even otherwise there is no allegation of instrument of property with the applicant. It is submitted that the sections therefore imputed against applicant are not made out. 6. Learned Additional Government Advocate has opposed anticipatory bail with submission that contents of FIR clearly indicate complicity of applicant with regard to sections imputed against him. It is however admitted that co-accused have already been enlarged on bail and the applicant does not have any previous criminal history. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that except for Section 316(5) and 61(2) BNS, applicant has already been provided protection by Division Bench of this Court in Writ Petition No.1057 of 2025. 8. At this stage, subject to evidence the imposition of Section 316(5) does not appear to be made out in view of the fact that there is no allegation of any entrustment of property with the applicant. The same shall however be subject matter of evidence during the course of trial. Evidence collected during the course of investigation since investigation is said to be still pending. Thus, in view of law laid down by Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant anticipatory bail to applicant under Section 438 Cr.P.C./482 BNSS. 9. In view of above, it is provided that till filing of police report u/s 173(2) Cr.P.C./193 BNSS in the event of arrest, applicant- Anand Kumar Singh @ Annu Singh shall be released on anticipatory bail in aforesaid Case Crime number on his/her 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:- (i) That the accused-applicant shall make himself/herself available for interrogation by police authorities as and when required and will cooperate with the investigation; (ii) That the accused-applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) That the accused-applicant shall not leave India without the previous permission of the Court. (iv) In case of default, it would be open for the investigating agency to move application for vacation of this order. 10. The application stands disposed of. Order Date :- 6.5.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench