HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8273 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Ashok Kumar Shukla, the learned counsel for the applicant as well as Sri Shikhar Srivastava, learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Range Case No. 10/2025-26, under Sections 26, 41/42 of Indian Forest Act, 1927, Police Station/ Range Rupaidiha, District Bahraich. 3. The aforesaid case has been registered on the basis of a range case lodged by a Forest Daroga stating that the applicant had crossed Indo- Nepal border and had come about 200 meters inside the territory of India. Upon checking, Yarshagumba (Kidajadi/ Himalyan Viyagrah) was found in a bag pack being carried by him which weighed about 900 gm. The complaint states that this is a restricted forest produce. 4. In the affidavit filed in support of the 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 bail application and he has submitted that the allegation has been established during investigation and a charge sheet has been submitted on 18.08.2025. 6. The Additional Sessions Judge, Bahraich has rejected the bail application of the applicant on the ground that the substance recovered Versus Counsel for Applicant(s) : Ashok Kumar Shukla Counsel for Opposite Party(s) : G.A. Janas Kumar Kami .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) would fetch very high price in international market and the offence is of serious nature. 7. The allegations of removal of some Jadi from the forest, prima facie, appears to attract the offence defined under Section 26(1)(g) of the Indian Forest Act, 1927, which says any person who quarries stone, burns lime or charcoal, or collects, subjects to any manufacturing process, or removes, any forest-produce, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, in addition to such compensation for damage done to the forest as the convicting Court may be direct to be paid. The aforesaid provision has been amended in the State of U.P. so as to provide for an enhanced sentence which is imprisonment for a period which may extend upto two years and fine which may and/or fine which may extend to Rs. 5000/-. The enhanced punishment in the aforesaid section is much less than the period of seven years mentioned in the case of Arnesh Kumar and Satendra Kumar Antil. 8. The applicant has no previous criminal history, he is languishing in jail since 21.07.2025 whereas the investigation stands concluded and as has been observed above, the alleged offence carries a maximum sentence of imprisonment upto two years and/ or fine which may extent upto Rs. 5000/- 9. In these circumstances, the bail application of the applicant has wrongly been rejected by the sessions court by observing that the offence is serious in nature. 10. Accordingly, I am of the view that the applicant is entitled to be released on bail. The bail application stands allowed. 11. Let the applicant-Janas Kumar Kami 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; BAIL No. 8273 of 2025 2 (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. (iv) the applicant shall furnish a personal bond and two local sureties at least one of which will be a local surety. Let a copy of this order be communicated to the First Additional and Sessions Judge, Bahraich through the Sessions Judge, Bahraich. September 2, 2025 Pradeep/- BAIL No. 8273 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench