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2025 DAILYLAW 150541 (ALL)

VIKRAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/6408/2025 · 2025-07-11

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39714 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6408 of 2025 Applicant :- Vikram 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, the learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Range Case No.03/2025-2026, under Section 9/51(1C), 27/51(1C), 29/51(1C), 39/51(1C), 44/51(1C), 48A/51(1C) Wild Life Protection Act, Range Kakraha, District - Bahraich. It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. He submits that only on the basis of suspicion, the applicant has been implicated and there is no cogent piece of evidence against him while the police has planted him. He also added that there is no previous criminal history of the applicant and the applicant is languishing in jail since 15.5.2025 and in case, the applicant is granted bail, he will not misuse the liberty and would co-operate in the trial proceedings. Recovery of cheetal is found to have been shown from the applicant. He submits that co-accused persons namely, Jabir Khan, Banwari Lal and Dharmpal Maurya have been granted bail by Co-ordinate Bench of this Court vide orders dated 24.06.2025, 24.06.2025 & 04.07.2025 passed in Criminal Misc. Bail Application Nos.5628 of 2025, 5444 of 2025 & 6046 of 2025 respectively. Applicant seeks parity. Per contra, learned A.G.A. vehemently opposed the prayer of bail and submitted that the applicant is involved in committing the aforesaid offence, as such, he is not entitled to be released on bail. Having heard the learned counsel for the parties and after perusal of record, it transpires that only on the basis of suspicion, there is no cogent piece of evidence against him while the police has planted him; there is no previous criminal history of the applicant; the applicant is languishing in jail since 15.5.2025 and he has undertaken that he will not misuse the liberty of bail if granted and would co-operate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail. Let the applicant Vikram involved in the aforementioned crime 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:- (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 Panel Code (now Section 269 of BNS). (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 of the Indian Panel Code (now Section 209 BNS). Order Date :- 11.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench