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2025 DAILYLAW 152168 (ALL)

LALA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. OF U.P. LKO.

BAIL/6661/2025 · 2025-07-21

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41480 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6661 of 2025 Applicant :- Lala Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. Counsel for Applicant :- Jitendra Bahadur,Deepak Verma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. Submission of learned counsel for the applicant is that the applicant has not been arrested from the spot. On the basis of confessional statement of the co-accused, name of the applicant has surfaced. There is no criminal history of the applicant, neither there is any recovery from the applicant. Co-accused Satnam Singh and Ram Naresh have been granted bail by the coordinate Benches of this Court which are on record as Annexure No. 5 and 6. The applicant seeks parity with the order of the aforesaid accused persons. He is in jail since 13.05.2025. It is further submitted that there is no possibility of the applicants of fleeing away after being released from jail or tampering with the witnesses. In case the applicants are enlarged on bail, they 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 applicants. On due consideration to the fact that co-accused Satnam Singh and Ram Naresh who were assigned similar role have been enlarged on bail, coupled with the fact that the applicant is languishing in jail since 13.05.2025 without having any criminal antecedent, 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 on the ground of parity. Let the applicants, Lala involved in Range Case No. 40/2013- 14 under Sections 27, 31, 35 (6), 39 & 51 (1) of the Wild Life Protection Act & 26, 41 & 42 of the Indian Forest Act relating to P.S.-Belryan Range, District Lakhimpur Kheri, be released on bail on their 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 applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicants shall file an undertaking to the effect that they 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). It is clarified that the observations made in this order are confined to the present anticipatory bail application and shall have no bearing on the merits of the trial. Order Date :- 21.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench