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2025 DAILYLAW 162783 (ALL)

MADHU @ MADHOVAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

ABAIL/1023/2025 · 2025-09-16

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1023 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Nagendra Pratap Singh, Advocate holding brief of Sri Aman Kumar Shrivastav, the learned counsel appearing on behalf of the applicant and 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 Range Case No.04 of 2012-13 under Sections 9, 27, 35(6), 51(1) of Wildlife Protection Act, Range Bankati, District- Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of a complaint lodged against 66 persons, including the applicant, stating that the co-accused persons took away some trees from a reserved forest. 5. In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant is innocent and has been falsely implicated in the present case. The applicant's involvement in three other criminal cases have been disclosed in para 39 of the affidavit, in all which, he has not received any summon/notice till date. 6. The learned counsel for the applicant has submitted that a co- accused person Ram Khelawan, against whom similar allegations have been levelled, has already been granted bail in the present case by means of an order dated 31.07.2025 passed by a Co-ordinate Versus Counsel for Applicant(s) : Aman Kumar Shrivastav Counsel for Opposite Party(s) : G.A. Madhu @ Madhovar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s) Bench of this Court in Crl. Misc. Anticipatory bail Application No.833 of 2025. Another co-accused Raghunath has also been granted bail by means of an order dated 10.09.2025 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 993 of 2025. 7. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 8. Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant on the ground of parity. 9. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Madhu @ Madhovar before the learned Trial Court in the aforesaid case crime, he shall be released on bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of 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 16, 2025 Preeti. ABAIL No. 1023 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench