HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 524 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Shubham Shukla, Advocate holding brief of the learned counsel for the applicant, Sri Manish Vikram Singh Chauhan, the learned A.G.A. appearing on behalf of the State and perused the records. 2. The applicant was granted interim anticipatory bail by means of the following order passed by a coordinate Bench of this Court on 26.05.2025 "Heard learned counsel for applicant and learned A.G.A. for State-opposite party. First anticipatory bail application has been filed with regard to range case No. 1/2025-26, under Sections 26, 41, 42 of Indian Forest Act & 7/55(2)Biological Diversity Act, Range South Nighasan, Distr4ict Lakhimpur Kheri. As per contents of complaint, the incident is said to have taken place on 2nd April, 2025 at about 6.00 A.M. when one Anish Ali was apprehended by forest guard in the process of cutting and transporting forest produce illegally. The complaint indicates that other four persons managed to escape. Learned counsel for applicants submits that applicant has been falsely implicated in allegations levelled against them which would be evident from the fact that applicants were neither apprehended from the spot nor is there any recovery from them and have been nominated only on the basis of alleged confessional statement of said Anish Ali. It is submitted that applicants do not have any previous criminal history and undertake to cooperate in the investigation. Learned A.G.A. has opposed bail application with submission that applciants are not cooperating in the investigation. Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears that applicants have been nominated on the basis of alleged confessional statement of Anish Ali, the person who was apprehended from spot. There does not appear to be any recovery from applicants who undertake to cooperate in the investigation. Considering the aforesaid facts and circumstances of the case and after perusal of the Versus Counsel for Applicant(s) : Amit Kumar Awasthi, Ashish Mishra Counsel for Opposite Party(s) : G.A. Guddu Alias Mahesh Kumar And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) record, this Court finds it to be a fit case of interim anticipatory bail. Let the accused-applicant Guddu Alias Mahesh Kumar and Sushil Kumar Sharma @ Snil @ Pappu 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. In the event of arrest, the accused-applicants 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:- (i) That the accused-applicants shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. (ii) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. List this case on 7th July, 2025 along with service report. Objections may be filed in the meantime. The applicants are directed to appear before the Investigation Officer on 29th May, 2025 at 2.00 P.M. Learned A.G.A. shall obtain instructions by the next date of listing with regard to cooperation of applicants in the investigation. " 3. The State has not filed any counter affidavit. 4. Although, no private opposite party is there in the application and no notice was issued, the office has reported that the applicant has not taken steps from which it appears that the concerned official had put up the report without going through the record and the order passed by this court. 5. The concerned official should act in discharge of her duties responsibly and carefully. 6. The learned A.G.A. could not point out any misuse of interim anticipatory bail granted to the applicant. 7. No material has come to light which may persuade this court to take a view different from the one taken by the coordinate Bench. 8. In view of above, the interim order dated 26.05.2025 is made absolute and the anticipatory bail application is allowed in terms of the aforesaid order. September 19, 2025 Ram. NABAIL No. 524 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench