Neutral Citation No. - 2025:AHC-LKO:49084 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 909 of 2025 Applicant :- Mushi @ Waris Ali Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Dhananjai Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dhananjai Kumar Tripathi, the learned counsel appearing on behalf of the applicant as well as Sri Satyendra Srivastava, the learned A.G.A. appearing on behalf of the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.93 of 2014-15 under Sections 26 of Indian Forest Act & 3/4 of The Prevention of Damage to Public Property Act registered at Police Station- Chakiya, District- Bahraich. 3. The aforesaid case has been registered on the basis of a complaint filed by Forest Guard against nine persons, including the applicant, stating that Forest Guard heard felling of a tree and upon reaching there, he saw the accused persons running away who were identified in a torch light. 5. In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant is a 70 years old innocent person and he has been falsely been implicated in the present case. 6. The involvement of the applicant in three other cases of similar nature has been disclosed in para-24 of the affidavit filed in support of the bail application. It has been stated that the applicant was not arrested in those cases and those cases already stands decided without the applicant's appearance. The applicant's involvement in another case under N.D.P.S. Act has been disclosed in the affidavit, in which he has been granted bail. 7. The learned A.G.A. has opposed the prayer for bail and he has submitted that the applicant should not be granted anticipatory bail keeping in view the facts of the case. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that no person was arrested on the spot and yet the Forest Ranger has lodged the FIR against nine named persons; that the applicant is presently 70 years, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 9. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicant 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 applicant shall make himself/herself 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 :- 21.8.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench