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2025 DAILYLAW 158841 (ALL)

RAJESH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/7833/2025 · 2025-08-22

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49577 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7833 of 2025 Applicant :- Rajesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Shailendra Kumar,Dinesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Shailendra Kumar, the learned counsel for the applicant as well as Sri Vishwas Sarashwat, the learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Range Case No. 05/2025, under Sections 9/91(1C), 27/51(1C), 29/51(1C), 31/51(1C), 39/51(1C), 48A/51(1C), 48B/51(1C) Wild Life Protection Act and 26 Indian Forest Conservation Act, Rang Kakrha, District Bahraich. 3. The aforesaid range case has been registered on the basis of alleged recovery of 3 turtles and a net from the applicant while he was accompanying co-accused Rajesh, from whom five turtles were recovered. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no previous criminal history. 5. Learned AGA has opposed the prayer for bail and he has submitted that the applicant has been caught along with prohibited turtles and he should not be released on bail. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the alleged recovery has not been witnessed by any independent person; the applicant has no previous criminal history and he is languishing in jail since 15.07.2025, I am of the view that the applicant is entitled to be released on bail. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Rajesh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. Order Date :- 22.8.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench