Neutral Citation No. - 2025:AHC-LKO:38275 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6236 of 2025 Applicant :- Vimal Kumar @ Bose Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Anand Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that, on the basis of information received, the forest guards seized prohibited forest produce in the form of timber, which was cut down and was in the process of being transported. Learned counsel for the applicant submits that the applicant was not apprehended from the spot. The offences alleged are triable by a Magistrate. His name has surfaced only in the confessional statement of a co-accused. Co-accused Shriman Narayan Shukla @ Pintu Shukla and Mukesh Maurya have already been granted bail by coordinate Benches of this Court by orders dated 27.05.2025 and 09.06.2025 in Criminal Misc. Bail Application Nos. 4524 of 2025 and 5167 of 2025, respectively. The applicant is in custody since 18.03.2025 and has explained his criminal history in paragraph no. 10 of the bail application. It is further submitted that 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. 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 bail orders of the co-accused persons, the fact that the applicant's name has surfaced only in the confessional statement of co-accused, his continued incarceration since 18.03.2025, and his explanation of criminal antecedents in paragraph no. 10 of the bail application, and without expressing any opinion on the merits of the case, this Court finds it to be a fit case for grant of bail. Accordingly, the bail application is allowed. Let the applicant Vimal Kumar @ Bose Pandey, involved in Case Crime No.218 of 2024 under Sections 303(2), 316(5), 61(2) of BNS, Section 26 of Indian Forest Act, 1927 and Sections 27, 29, 31, 51 of Wild Life Protection Act, 1972, Police Station Tulsipur, District Balrampur be released on bail on his 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 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 82 Cr.P.C. (now 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 174-A IPC (now Section 209 of BNS). Order Date :- 7.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench