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2025 DAILYLAW 149299 (ALL)

RAJOO AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

ABAIL/753/2025 · 2025-07-07

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38403 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 753 of 2025 Applicant :- Rajoo And Another 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. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in Range Case No. 40/2013- 2014, Prabhagiv Case No. 249/40/13-14, under Sections 9/27/29/31/39/50/51/52 of Wild Life Protection Act, Range Murtiha, District Bahraich. Heard learned counsel for the applicants and learned A.G.A. for the State. As per the prosecution case, during the night of 07/08.01.2014, while the police party was on patrol duty, at around 11:30 PM, sixteen accused persons were apprehended. From their possession, a deer, along with a spear and a net, was recovered. Learned counsel for the applicants submits that the applicants were not arrested from the spot. Their name have surfaced only in the confessional statement of a co-accused. It is further submitted that the applicants are ready and willing to cooperate with the investigation. Learned AGA has opposed the bail application. On due consideration to the fact that the applicants were not apprehended from the spot, their names have only surfaced in the confessional statement of a co-accused, and in view of the assurance given on their behalf regarding cooperation in the investigation, I am of the view that the applicants deserve to be granted anticipatory bail in light of the judgment of the Hon'ble Supreme Court in Sushila Aggarwal and Others vs. State (NCT of Delhi) and Another, (2020) 5 SCC 1, subject to their cooperation during the trial. In view of the above, it is provided that in the event of arrest, the applicants Rajoo and Devan Kumar shall be released on anticipatory bail in the aforesaid Case Crime number on their furnishing personal bonds 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:- The applicants shall report to the investigating officer within twenty days from today. They shall cooperate in the investigation and they will not influence the witness. The accused-applicants will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicants shall not leave India without previous permission of the Court. The application is allowed. Order Date :- 7.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench