DHARMPAL MAURYA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/6046/2025 · 2025-07-04
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148585 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148585 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:37804 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6046 of 2025 Applicant :- Dharmpal Maurya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present bail application has been filed by accused-applicant seeking bail in Range Case No. 03/2025-26, Case No. 14179/2020, under Sections 9/51(1C), 27/51(1C), 29/51(1C), 39/51(1C), 44/51(1C), 48A/51(1C) Wild Life Protection Act, Range- Kakaraha, District- Bahraich. In the prosecution case, it is alleged that during the night patrolling in the forest, five persons, who were found riding motorcycles, were apprehended and from their search, certain incriminating articles along with the prohibited material under the Forest Act were recovered.
Learned counsel for applicant submits that from the possession of the applicant, only one TVS motorcycle has been recovered. There is no any independent witness of the alleged recovery. It is next submitted that co-accused namely, Banwari Lal and Jabir Khan have been granted bail by a coordinate bench of this Court vide orders dated 24.6.2025 and 24.6.2025 passed in Criminal Misc. Bail Application Nos. 5444 of 2025 and 5628 of 2025 respectively. Therefore, he seeks parity with the bail order of co-accused persons. It is further submitted that the applicant is languishing in jail since 15.5.2025 having no criminal history. There is no
possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant is languishing in jail since 15.5.2025 having no criminal history; co-accused persons namely, Banwari Lal and Jabir Khan have already been granted bail; the applicant claims parity to the bail order of co- accused and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed. Let the applicant- Dharmpal Maurya 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 trial court 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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNSS 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 209 of BNS.
Order Date :- 4.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench