CHHATTHU AND ANOTHER v. STATE OF UP THRU. PRIN. SECY. HOME U.P. LKO.
ABAIL/880/2025 · 2025-08-12
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157368 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157368 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46982 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 880 of 2025 Applicant :- Chhatthu And Another Opposite Party :- State Of Up Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Manoj Kumar Singh, learned counsel for the applicants, Sri Mayank Sinha, learned A.G.A. appearing on behalf of the State and perused the record. 2. The instant application has been filed by the applicants seeking anticipatory bail in Range Case No. 03/2020-21 bearing Case No. 14179 of 2020, under Section 09, 27, 29, 31, 39, 49B, 51(1C), 52 of Wild Life Protection Act, registered at Police Station Sujauli, District Barhaich. 3. The aforesaid case has been registered on the basis of a complaint/Range case lodged on 23.04.2020 against three persons, including the applicants, stating that the accused persons had killed a Leopard in the agriculture field of Lalvachan. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicants are innocent, they have been falsely implicated in the present case and they have no criminal history. 5. Three co-accused persons, namely, Pappu @ Pappu Shankar, Mahadev @ Mahajan Singh and Bablu @ Basant Kumar have already been granted anticipatory bail by the Coordinate Bench of this Court and copies of their bail orders have been annexed as Annexure No. 3 and 4 to the affidavit filed in support of the application. 6. The learned A.G.A. has opposed anticipatory bail application but he could not dispute the fact that the case set up against the applicants is similar to that set up against the three accused persons, who have already been granted bail. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that three co-accused
persons have already been granted bail, I am of the view that the applicants are also entitled to be granted anticipatory bail on the ground of parity
8. In view of the above, the anticipatory bail application of the applicants is allowed.
In the event of arrest/ appearance of applicants- Chhatthu and Sohan before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their 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 applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that 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 him from disclosing such
facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicants shall not leave India without the previous permission of the court. (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicants shall not pressurize/ intimidate the prosecution witness. . (Subhash Vidyarthi, J.)
Order Date :- 12.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench