Neutral Citation No. - 2025:AHC-LKO:46001 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 867 of 2025 Applicant :- Hoti Lal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Bhanu Pratap Kushwaha,Mohammad Salman Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Bhanu Pratap Kushwaha, the learned counsel for the applicant as well as Sri Mohd. Asif Khan, the learned Additional Government Advocate-I appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in Range Case No.31/2019-20, arising out of Range Case Complaint No.3663 of 2024, under Section 26 of Indian Forest Act, 1927, Range/Police Station Mohammadi, District Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of a complaint lodged by a Forest Official against 7 named persons including the applicant stating that some persons were cutting a sagaun tree. One of the persons named Sunil was caught on the spot and in his statement he stated about the involvement of the other accused persons, including the applicant in commission of offence. 4. In the affidavit filed in support of the anticipatory bail- application it has been contended that the applicant is a 62 years old innocent person and he has falsely been implicated in the present case. The applicant's involvement in 3 other cases has been disclosed in paras 17 and 18 of the affidavit but the applicant states that he has no knowledge about the aforesaid cases and he has given an application to the Forest Range Officer seeking information regarding the aforesaid cases. 5. The learned counsel for the applicant has submitted that without the applicant having any knowledge of the aforesaid cases, the cases have been closed upon depositing the fine without knowledge of the applicant. 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated in the present case solely on the basis of custodial statement made by co-accused person; that the offence carries a maximum punishment of imprisonment of six months coupled with the fact that the applicant has undertaken to cooperate with the investigation and trial and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Hoti Lal before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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; (iii) that the applicant shall not leave India without the previous permission of the court' (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. . (Subhash Vidyarthi, J.) Order Date :- 7.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench