Neutral Citation No. - 2025:AHC-LKO:36648 Court No. - 12 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 722 of 2025 Applicant :- Mohd. Kayyum Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Jyoti Soni,Abdhesh Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1-State. 2. In view of order being passed, notices to opposite party no. 2 stand dispensed with. 3. First Anticipatory Bail Application has been filed with regard to Range Case no.2 of 2021-22, under Sections 77, 41/42 Forest Act, Sections 26/28 Transport Rules and Sections 1 Ta 7 Establishment and Regulation of Saw Mills Rules, 1978, Range Sharda Nagar, District Lakhimpur Kheri 4. As per contents of complaint registered against applicant, incident is said to have taken place on 14.04.2021 at about 09.00 pm. when range team acting upon information received is said to have raided the applicant's residence with saw machine being confiscated. 5. It has been submitted that applicant has been falsely implicated in charges levelled against him which could be evident from the fact that neither was applicant apprehended from the site nor is there any recovery of any wood from his residence which would be referable to section imputed against him. It is submitted that there is no previous criminal history of applicant as is mentioned in para 24 of the anticipatory bail application and the identically situated co-accused namely, Guddu@Ajaz Aslam has already been granted anticipatory bail in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 467 of 2025. 6. Learned Additional Government Advocate has opposed interim anticipatory bail application with the submission that charge-sheet in the matter has been filed whereafter warrants have been issued against the applicant due to non presence after summoning. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that the applicant has not been apprehended from the spot nor is there any recovery from him. It appears that there is also was no wood recovered from the residence. The applicant has undertaken to cooperate during the course of trial with the submission that he was unaware of the issuance of any process. 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 interim anticipatory bail to applicant under Section 438 Cr.P.C./482 B.N.S.S. 8. In view of the above, it is provided that in the event of arrest, applicant- Mohd. Kayyum shall be released on anticipatory ball in aforesaid Case Crime number on his/her furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions: (i) The 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 tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii) The applicant shall not pressurize/ intimidate the prosecution witness; (iv) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. 9. It is made clear that observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. 10. The application stands disposed of. Order Date :- 27.6.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench