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2025 DAILYLAW 154366 (ALL)

RAM KHELAWAN @ RAM KHELAWAN RANA v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 2 OTHERS

ABAIL/833/2025 · 2025-07-31

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44547 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 833 of 2025 Applicant :- Ram Khelawan @ Ram Khelawan Rana Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 2 Others Counsel for Applicant :- Shitesh Jha,Dr. Shailendra Sharma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present anticipatory bail application has been filed by the applicant apprehending his arrest in Range Case No. 04/2012- 13, U/s 9,27,35 (6), 51 (1) Wild Life Protection Act, Range- Bankati, District-Lakhimpur Kheri. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case due to enmity. He has served as a Shiksha Mitra. A total of 66 individuals have been named as accused. There is no independent witness to support the alleged incident, and no recovery has been made from the possession of the applicant. The applicant undertakes to cooperate in the trial proceedings and has no criminal antecedents. Learned A.G.A. has opposed the anticipatory bail application. On due consideration to the facts that the applicant is not a previous convict and has no criminal history; general role has been attributed to all 66 accused persons, which appears to be highly improbable, and further taking into account the applicant’s undertaking to cooperate with the trial, this Court is of the considered view that the applicant deserves to be granted anticipatory bail. This opinion is also fortified by 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 his continued cooperation during the trial In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to his furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicant shall not travel outside India without prior permission from the Court; (iii) The applicant shall not attempt to influence or intimidate any prosecution witness; (iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. Order Date :- 31.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench