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2025 DAILYLAW 159683 (ALL)

DINESH @ BHANGA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/7980/2025 · 2025-08-26

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7980 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Aman Kumar Shrivastav, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.04/2014-15, under Sections 27, 27(3), 51(1) of Wild Life 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 range complaint filed by a range officer against six persons, including the applicant, stating that the accused persons tried to illegally enter the reserve forest area and upon being resisted, they started quarreling. The accused persons took away some timber and two cameras were found missing. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a 63 years old innocent person and he has been falsely implicated in the present case. The applicant's involvement in 34 other cases, all relating to offences of Forest Act / Wild Life Protection Act, has been disclosed in para 14 of the affidavit, in one of which he has been granted bail and in rest of the cases he claims to have not received any summons. 5. Learned A.G.A-I has vehemently opposed the bail application and he has submitted that the applicant has a long criminal history of similar nature and he is not co-operating with investigation / trial in all the case. 6. Having considered the aforesaid facts and circumstances of the case and Versus Counsel for Applicant(s) : Aman Kumar Shrivastav Counsel for Opposite Party(s) : G.A. Dinesh @ Bhanga .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) keeping in view the fact that the incident relates to the year 2014; that the applicant has been taken into custody on 13.05.2025 when he had attained the age of 62 years and all the case carries a maximum punishment of up to 3 years, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 7. Accordingly, this bail application stands allowed. 8. Let the applicant - Dinesh @ Bhanga be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to 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. August 26, 2025 S. Shivhare BAIL No. 7980 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench