Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 153140 (ALL)

PRIT PAL SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/6803/2025 · 2025-07-24

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:42484 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6803 of 2025 Applicant :- Prit Pal Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Amar Nath Dubey,Anil Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. The accused-applicants seek bail in Case Crime No.25 of 2025 under Section 303 (2), 317(2), 316(5), 61(2) BNS, 2023, Section 26, 41, 42, 52 The Indian Forest Act, 1927 and Section 27, 29, 31, 51 Wild Life (Protection) Act 1972, Police Station Tulsipur, District Balrampur. In the prosecution case, it is alleged that on 28.01.2025, acting on a tip-off, the SSB team along with local police staff intercepted one pickup vehicle and one Scorpio. Upon inspection, khair wood was recovered from the said vehicles, which were subsequently seized. Learned counsel for the applicants submits that the applicants have not been arrested from the spot, and no recovery has been made from them. The vehicles belonging to the applicants are also not involved in the alleged incident. It is further submitted that the accused persons, namely Shankar Lal, Rajesh, Shankar, and Mubarak, who were arrested from the spot, have already been granted bail by coordinate Benches of this Court. Their bail orders have been collectively annexed as Annexure-9 to the bail application. In addition, other co- accused persons, namely Sriman Narain Shukla @ Pintoo Shukla, Anoop Kumar Shukla, and Guddu Pandey, have also been granted bail by coordinate Benches of this Court, and their bail orders are collectively annexed as Annexure-10. It is contended that the case of the applicants stands on a better footing than that of the aforesaid co-accused persons. The applicants are in judicial custody since 13.06.2025. Learned A.G.A. has opposed the prayer for bail; however, he has not been able to dispute the factual submissions made on behalf of the applicants. I have considered the rival submissions advanced by learned counsel for the parties and perused the material available on record. On due consideration of the facts that the applicants are in custody since 13.06.2025, have no criminal antecedents, the offences alleged are triable by a Magistrate, and no recovery has been made from them, and without expressing any opinion on the merit of the case, this Court finds it to be a fit case for grant of bail. Accordingly, the bail application is allowed. Let the applicants Prit Pal Singh and Ajeet Singh be released on bail in the aforesaid case crime number, subject to their furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, with the following conditions: (i) The applicants shall not tamper with the evidence during the trial. (ii) The applicants shall not pressurize or intimidate the prosecution witnesses. (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 the liberty of bail and pass orders in accordance with law. (v) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A IPC (now Section 269 BNS). (vi) In case the applicants misuse the liberty of bail during trial and, in order to secure their presence, proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and they fail to appear before the Court on the date fixed in such proclamation, then the trial court shall initiate proceedings against them in accordance with law under Section 174-A IPC (now Section 209 BNS). Order Date :- 24.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench