SANJEEV KUMAR TIWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER
NABAIL/808/2025 · 2025-07-10
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149111 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149111 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39384 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 808 of 2025 Applicant :- Sanjeev Kumar Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present bail application has been filed seeking anticipatory bail in Range Case No.14/2025-26, under Sections 26, 41, 42, 52-A Indian Forest Act and Sections 27, 29, 31, 51(2) Wild Life Protection Act, Range Bankatwa, District-Balrampur. Heard learned counsel for the applicant and learned A.G.A. for the State. In the prosecution case it is alleged that on 28.05.2025 while on patrolling, the complainant saw in the light of the vehicle in the forest that accused persons were loading Bota on the pick-up. Seeing the complainant, they tried to flee however, one Sandeep Singh as well as Nanke has been arrested. Four nug Sagoan Bota has been found to be loaded on the vehicle and seven nug Sagoan bota on the land, total eleven nug sagoan Bota has been recovered.
Learned counsel for the applicant submits that applicant has not been arrested from the spot, his name has surfaced during investigation. No specific role has been assigned to the applicant. The recovered vehicle does not belong to the applicant. There is no recovery from the applicant. The offences are triable by magistrate. Applicant has been falsely implicated in this case. Learned A.G.A. has opposed the prayer made by learned counsel for the applicant submitting that the investigation is going on.
Learned counsel for the applicant further submits that he will cooperate in the investigation. Applicant has no criminal history. Without expressing any opinion on the merits of the case and
considering the nature of accusation, coupled with the undertaking given by the applicant that he will cooperate in the investigation as also the fact that applicant is not arrested from the spot, there is no recovery from the applicant and his name has surfaced during investigation, applicant has no criminal history, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)- 2020 SCC online SC 98. In view of the above, it is provided that in the event of arrest, the applicant-Sanjeev Kumar Tiwari shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (1) The applicant shall report to the Investigating Officer within twenty days from today. The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. The application stands allowed.
Order Date :- 10.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench