MANISH KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF FOREST LKO.
BAIL/4999/2025 · 2025-06-03
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143150 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143150 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:34368
Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4999 of 2025 Applicant :- Manish Kumar and Atmaram Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Forest Lko. Counsel for Applicant :- Gyanendra Kumar Pandey,Apoorv Pandey Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicants, learned Additional Government Advocate for the State and perused the record. 2.It is contended on behalf of the applicants that the applicants have been falsely implicated. There is no independent witness to the alleged recovery. The co-accused Arvind Kumar, Surendra Kumar and Virendra Kumar have been granted bail by a coordinate Bench of this Court vide order dated 29.5.2025 passed in Bail No.4808 of
2025.
Learned counsel also submits that he applicants are in jail since
15.4.2025. He claims parity. It is further submitted that there is no possibility of the applicants of fleeing away from judicial custody or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail. 3.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants. 4.Considering the facts and circumstances of the case, and also considering the nature of allegations, the co-accused, named above, have been enlarged on bail, arguments advanced by
learned counsel for the parties, for the period for which they are in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicants on bail. 5.Let the applicants be released on bail in Range Case No.5/2025-26 under sections 9/51, 31/51, 39/51, 52/51 Wildlife Protection Act, Range Abdullaganj, district Bahraich on their each furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the
following conditions which are being imposed in the interest of justice:- (i) The applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) The applicants 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 from disclosing such
facts to the Court or to any police officer or tamper with the evidence. (iv) The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code. (vi) In case the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code. 6.Bail application is allowed accordingly, on the ground of parity. It is made clear that any observation made in this order shall not affect the trial.
Order Date :- 3.6.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench