UDAIRAJ v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO.
BAIL/6188/2025 · 2025-07-03
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148499 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148499 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37424 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6188 of 2025 Applicant :- Udairaj Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. Counsel for Applicant :- Mohd. Imran Khan,Syed Mohd. Kashif Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Range Case No. 03/2025-2026, under Sections 9/51(1C), 27/51(1C), 29/51(1C), 39/51(1C), 44/51(1C), 48A/51(1C) of the Wild Life (Protection) Act, Police Station – Range Kakahra, District – Bahraich. As per the prosecution case, on 14.05.2025 at about 10:45 AM, three persons riding motorcycles were intercepted by the forest guard using necessary force, and upon their search, horns of endangered chital along with three motorcycles were allegedly recovered.
Learned counsel for the applicant submits that co-accused Jabir Khan and Banwari Lal have already been granted bail vide orders dated 24.06.2025 passed in Criminal Misc. Bail Application No. 5628 of 2025 and Criminal Misc. Bail Application No. 5444 of 2025, respectively. It is further submitted that from the present applicant only a Splendor motorcycle has been recovered. No recovery of chital horn has been made from his possession. The applicant seeks parity with the co-accused who have been enlarged on bail. The applicant is in jail since 15.05.2025. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute that it is a case of parity. I have considered the arguments advanced by learned counsel for the parties as
well as perused the record. On due consideration to the facts that the applicant is in jail since 15.5.2025; there is no recovery from the applicant, co-accused named above have also been granted bail by coordinate bench of this court and without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Udairaj be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant 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 applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the
applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 3.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench