HARIRAM @ HARI v. STATE OF U.P. THRU. SECY. HOME LKO.
/884/2025 · 2025-08-13
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157516 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157516 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47360 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 884 of 2025 Applicant :- Hariram @ Hari Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Brijesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Brijesh Kumar, the learned counsel for the applicant as well as Sri Satyendra Srivastava, the learned Additional Government Advocate 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.26/1015-16, under Section 2, 9, 27, 31, 32, 35(6), 51(1) of Wildlife Protection Act and Section 26 of Indian Forest Act, registered at Range Bankati, District Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of a complaint made on 17.03.2016 by Forest Range Officer stating that 79 persons including the applicant had cut some trees in a jungle. 4. In the affidavit filed in support of the anticipatory bail- application it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case. 5. The offence in question carries a maximum punishment of imprisonment up to three years. 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 no criminal history 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-Hariram @ Hari 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 :- 13.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench