SHANKAR LAL v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. GOVT. LKO. AND ANOTHER
NABAIL/1127/2025 · 2025-09-02
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159342 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159342 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1127 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Irfan Alam, learned counsel appearing on behalf of the applicant as well as Shri Mayank Sinha, 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.218 of 2024, under Sections 303(2), 316(5) & 61(2) of B.N.S. and Sections 27, 29, 31 & 51 of Wild Animal Protection Act, registered at Police Station- Tulsipur, District- Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.10.2024 against three persons, not including the applicant, stating that some logs of woods belonging to wild life sanctuary were recovered and upon making an inquiry, it came to knowledge that the accused persons had cut the woods and kept it. Subsequently, the applicant has also been implicated on the basis of his call details record. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent and he has been falsely been implicated in the present case. 5. The applicant's involvement in another criminal case has been disclosed in para 17 of the affidavit filed in support of anticipatory bail application, in which he has been granted bail by means of an order dated 10.04.2025 passed by the Co-ordinate Bench of this Court in Crl. Misc. Bail Application No.3034 of 2025. Versus Counsel for Applicant(s) : Irfan Alam Counsel for Opposite Party(s) : G.A. Shankar Lal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Govt. Lko. And Another .....Opposite Party(s)
6. An another co-accused Anoop Kumar Shukla has been granted anticipatory bail by means of an order dated 23.05.2025 passed by the Co- ordinate Bench of this Court in Crl. Misc. Anticipatory Bail Application u/s 482 BNSS No.510 of 2025. 7. The learned A.G.A. has opposed the prayer for bail and he has submitted that the investigation in the matter is still going on. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the F.I.R. and that another co-accused person, who was also not named in the F.I.R., has been granted anticipatory bail, 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 applicant is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on 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. September 2, 2025 S. Shivhare NABAIL No. 1127 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench